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
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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
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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.
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DATED this lOlh day of November 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
nty, Idaho
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