Loading...
Findings - CC - 2009 - WA-03-09/DR-37-09 - Waiver And Dr For Construction Of 2864 Sq Ft Storage Building/1993 W State ORIGINAL BEFORE THE CITY COUNCIL IN THE MATTER OF AN APPLICA nON ) FOR A WAVIER AND DESIGN REVIEW ) APPLICA nON FOR THE CONSTRUCTION ) OF A STORAGE BUILDING FOR THE EAGLE ) SEWER DISTRICT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER W A-03-09/DR-37-09 The above-entitled waiver and design review applications came before the City Council for their action on November 10,2009. The 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: The Eagle Sewer District, represented by Lynn Moser, is requesting City Council approval of a waiver and design review application for the construction of a 2,864-square foot storage building at the existing wastewater treatment facility located approximately 11<1 mile south of State Street at 1993 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the applications for this item on October 19,2009. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 12,2005, the Eagle City Council approved the annexation and rezone applications (A-05- 05 & RZ-08-05) and a conditional use permit application (CU-04-05) for a waste water treatment facility for this site. On September 12, 2006, the Eagle City Council approved a modification to the conditional use permit application (CU-04-05 MOD). On August 14, 2007, the Eagle City Council approved a design review application for the common area landscaping within phase 1 of the Eagle Sewer District Facility (DR-41-07). On October 14, 2008, the Eagle City Council approved a design review application for the construction of a wastewater treatment facility (DR-51-08). ST AFF ANALYSIS: · On August 14,2007, the Eagle City Council approved the common area landscaping within Phase I of the Eagle Sewer District Facility (DR-41-07) which included the construction of a seventy five (75') foot wide by ten (10') foot high landscape berm adjacent to State Highway 44 and fifty (50') foot wide landscape buffers on the east and west property lines located north of the wetland area on the property. The berm, buffer areas, and landscaping were constructed and installed to screen future buildings and expansions to the wastewater treatment facility. The applicant is requesting approval to construct a new metal building to be used for storage and equipment parking at the existing sewer treatment facility. The new building is proposed to be Page 1 of 4 K:\P1anning DepllEagle ApplicationsIWaivers\2009IWA-03-09 & DR-37-09 Eagle Sewer District Storage Buildings ccf.doc located to the west of two existing (2) metal storage buildings and approximately 1,360-feet south of the landscape berm adjacent to State Highway 44. The proposed building will be completely screened from public view and from any public right-of-way via the existing seventy five (75') foot wide by ten (10') foot high landscape berm. Moreover, the Eagle Sewer District's existing treatment facility is located on the north side of the north channel of the Boise River and is situated within a grove of mature trees that provide additional screening from within the confines of the site. Additionally, public access to the site is prohibited as institutional controls (such as a locked gate at the entrance) are used. Based upon the extensive aforementioned screening and institutional controls, the applicant is seeking City Council approval of a waiver of Eagle City Code Section 8-2A which, in part, requires all buildings to be designed in compliance with one of the nine architectural styles shown in the Eagle Architecture and Site Design Book. The applicant is proposing to design and construct the new storage building to match the exiting storage buildings on site. STAFF RECOMMENDATION: Based upon the information provided to staff to date, staff recommends approval of W A-03-09/ DR-37-09 for a waiver and design review application for the construction of one 2,864-square foot storage building for the Eagle Sewer District. PUBLIC MEETING OF THE COUNCIL: A. A public meeting was held on the application before the City Council on November 10, 2009, at which time the Council made their decision. 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 no one (not including the applicant/representative ). COUNCIL DECISION: The Council voted 4 to 0 to approve W A-03-09/DR-37-09 for a waiver and design review application for the construction of one 2,864-square foot storage building for the Eagle Sewer District with the following site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. All utilities shall be located underground. 2. All lighting shall be screened per Eagle City Code. 3. No roof top or ground mounted mechanical units are proposed and none are approved. 4. Paint all wall vents, electrical meters, phone boxes, etc. located on the building to match the color of the building. 5. No signs are permitted with this application. A separate design review application is required for the approval of any signs. 6. A building permit is required. STANDARD CONDITIONS OF APPROVAL: 1. 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 Page 2 of 4 K:\Planning DepllEagle ApplicalionsIWaivers\2009IWA-03-09 & DR-37-09 Eagle Sewer District Storage Buildings ccr.doc Commission and/or Council. 2. 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 City Council for review and approval. 3. 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. 4. 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. 5. 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. 6. 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 approval date). CONCLUSIONS OF LAW: 1. The applications for this item were received by the City of Eagle on October 19, 2009. 2. The Council reviewed the particular facts and circumstances of this proposed waiver and design review application (W A-03-09/DR-37-09) and based upon the information provided with the conditions required herein, concludes that a waiver of Eagle City Code Section 8-2A be allowed based upon the fact that the buildings will be completely screened from public view and from any public right-of-way via the existing seventy five (75') foot wide by ten (10') foot high landscape berm that was previously installed by the Eagle Sewer District. Moreover, the Eagle Sewer District's existing treatment facility is located on the north side of the north channel of the Boise River and is situated within a grove of mature trees that provide additional screening from within the confines of the site. Additionally, public access to the site is prohibited as institutional controls (such as a locked gate at the entrance) are used. Page 3 of 4 K:\P1anning DepllEagle ApplicalionsIWaivers\2009IWA-03-09 & DR-37-09 Eagle Sewer District Storage Buildings ccf.doc DATED this lOlh day of November 2009. CITY COUNCIL OF THE CITY OF EAGLE nty, Idaho ATTEST: ",u....... "~I "" ........ CrT y OJ;' ", .... .........Ii' #', .... ..- -.. "1 " ~ .If- .. CORPOl'> .. 0 ~p :.. ~"'1 e. -r- ': : : , ,..;\~rr1: - . -. . ...... . . : Vi · z S " ,.. . . ,.n r.. . -~.o <:...1 · ~ '7 e. -P.o "'1 I" .. If- ~ .,>. e.O <.., 'i'.- .... /;> ..<\' -1 TED Iq.. ,- " ... 0 ........ 0 " '"'' PI D A " ~~. 'I, ", I",......", Page 4 of 4 K:\P1anning DepllEagle ApplicalionsIWaivers\2009IWA-03-09 & DR-37-09 Eagle Sewer Dislricl Storage Buildings ccf.doc