Findings - PZ - 2011 - CU-04-11 - Cup To Construct A Public Service Facility For Remote Operated Block Valve/.03 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A PUBLIC SERVICE FACILITY FOR A )
REMOTELY OPERATED BLOCK VALVE )
FOR CHEVRON PIPE LINE COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-04-11
The above-entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on October 3, 2011, at which time public testimony was taken and the public
hearing was closed. The Eagle Planning and Zoning Commission 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:
Chevron Pipe Line Company, represented by Tom Denison, is requesting conditional use
permit approval to construct a public service facility for a remotely operated block valve.
This block valve will replace the existing underground manual block valve currently
located on the east side of Ballantyne Lane approximately 850-feet to the northwest of this
site. The new 0.03-acre site is located just north of the City of Eagle western entry sign
within the right-of-way of West State Street approximately 150-feet north of the
intersection of West State Street and State Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Ada County Highway District Park and Ride lot
(located south of North Ballantyne Lane at the northwest corner of West State Street and
Highway 44), at 6:00 PM, on Wednesday, July 6, 2011, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on August 9, 2011.
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 in the Idaho Statesman on September 17, 2011, and
in the Valley Times on September 19, 2011. 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 14, 2011. The site was posted in accordance with the Eagle City Code on
September 23, 2011, Requests for agencies' reviews were transmitted on August 9, 2011,
in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
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E. COMPANION APPLICATIONS:
Design review application to construct a screening enclosure for a public service facility
for a remotely operated block valve(DR-31-11).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use PS (Public/Semipublic) Public road(West State
Street—this section to be
vacated with re-alignment
of the Ballantyne
intersection)
Proposed No Change No Change Pipeline block valve
North of site Residential Two A(Agricultural) Residence and agriculture
South of site Public/Semipublic RUT(Rural-Urban State Highway 44 and
Transition—Ada County Eagle Sewer District
Designation)—PS-DA treatment facility. City of
(Public/Semipublic with a Eagle entrance sign
development agreement)
East of site Mixed Use PS (Public/Semipublic) Agriculture.
West of site Mixed Use PS (Public/Semipublic) Ada County Highway
District park and ride
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site where the proposed pipeline and block valve is to be installed is currently in the
right-of-way for West State Street approximately 150-feet north of the intersection with
State Highway 44.
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SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1,800-square feet N/A
(approximate)
Percentage of Site Devoted to Building .04%(64-square feet) N/A
Coverage
Percentage of Site Devoted to None proposed 10% (minimum)
Landscaping
Number of Parking Spaces N/A N/A
Front Setback N/A N/A
Rear Setback N/A N/A
Side Setback N/A N/A
Side Setback N/A N/A
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) service building located at the northeast
corner of the enclosed area. The applicant is also proposing to construct a five-foot (5')
high masonry wall with a three-foot (3') high wrought iron fence located on top of the
wall to be utilized to screen and protect the proposed remotely operated pipeline block
valve.
Height and Number of Stories of Proposed Buildings:
The service building will be approximately ten feet (10') in height and will be a single-
story building.
Gross Floor Area of Proposed Buildings: 64-square feet
On and Off-Site Circulation:
Upon completion the site will be accessed from the existing pavement on West State
Street.
K. PUBLIC SERVICES AVAILABLE:
The site is serviced by the Eagle Fire Department. Eagle Water Company and Eagle Sewer
District have infrastructure located in proximity to the site.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
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N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—Indicated that ACHD has no site specific conditions of approval
due to the fact that this development is estimated to generate less than 10 vehicles trips per day.
Central District Health Department—Indicated they have no objections to proposal
Chevron Pipe Line Company—Indicated they have no conflicts with the proposal.
Eagle Fire Department—Indicated that burying the existing overhead power line would be a much
safer situation. Should the overhead power be buried the fire department has no opposition to the
application and support its approval.
Eagle Sewer District — Indicated since the proposed project will not impact their facilities they
have no comment.
United Water of Idaho—Indicated that the site is located outside of their certificated water service
area.
Q. LETTERS FROM THE PUBLIC:None received to date
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8)for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
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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 February 3, 2011) designates this site as
Mixed Use.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited retail, and residential
developments. Uses should compliment uses within Downtown Eagle. Developments
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. An allowable density of up to 10 units per 1 acre.
• Chapter 4—Schools, Public Services, and Utilities
4.9.4 Other Services and Utilities Implementation Strategies
G. Chevron Pipeline: The City should strive to remind developments and utilities of the
presence of the Chevron Pipeline if the developments or utilities are planning work in the
vicinity of the pipeline.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2 defines Public Service Facility as:
The erection, construction, alteration, operation or maintenance of buildings, power plants or
substations, water treatment plants or pumping stations, sewage disposal or pumping plants
and other similar public services structures by a public utility, by a railroad whether publicly
owned or privately owned, or by a municipal or other governmental agency, including the
furnishing of electrical, gas, rail transport, communication,public water and sewage services.
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• Eagle City Code Section 8-2-1 Districts Established. Purposes and Restrictions:
PS Public/Semipublic: To provide for public/semipublic development such as golf
courses, parks, recreation facilities, greenways, schools, and public service facilities such
as government offices.
• Eagle City Code Section 8-2-3 states that a Public Service Facility requires a conditional use
permit within the PS (Public/Semipublic)zoning district.
• Eagle City Code Section 8-2A-7 Landscape and Buffer Requirements:
A. Landscape Plan Required: A landscape plan is required for all developments requiring
a design review, including, but not limited to, all subdivisions. The landscape plan
shall be drawn to scale(no smaller than 1 inch equals 30 feet) and shall indicate the
following:
1. Boundaries, property lines, and dimensions.
2. Existing trees and vegetation identified by species and size.
3. The location and design of areas to be landscaped.
4. The location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common name, quantity, and spacing
and size of all proposed landscape material at the time of planting.
6. Location and description of other landscape improvements, such as earth berms,
walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or
paved areas.
7. Planting and installation details as necessary to ensure conformance with all
required standards.
B. Landscape As Percent Of Site:
1. Landscaping shall cover a minimum of fifteen percent(15%)of the property on
multi-family residential developments. Hardscape plaza areas, such as decorative
concrete/paver patios that are integrated into the design of the landscaped area, may
be included in the fifteen percent(15%) landscape coverage requirement.
2. Landscaping shall cover a minimum of ten percent(10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that
are integrated into the design of the landscaped area,may be included in the ten
percent(10%) landscape coverage requirement.
3. All landscape improvements required in this section shall count toward fulfillment of
the above minimum percentages.
4. If only a portion of a property is being developed, and if the city does not require
improvements on the entire property, improvements to landscape shall continue a
minimum of twenty five feet(25')(on site)beyond the proposed development.
• Eagle City Code Section 8-7-3-4 Supplementary Conditions and Safeguards:
In granting any conditional use, the council may prescribe appropriate conditions, bonds
and safeguards in conformity with this title. Violations of such conditions, bonds or
safeguards, when made a part of the terms under which the conditional use is granted,
shall be deemed a violation of this title.
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• Eagle City Code Section 8-7-3-5 (D) Conditions of Permit(Reads in part):
Upon the granting of a conditional use permit, conditions may be attached to said permit
including, but not limited to,those:
1. Minimizing adverse impact on other development;
7. Requiring more restrictive standards than those generally required in this title.
• Eagle City Code Section 8-7-3-5 (F)Effect of Issuance On Other Conditional Uses:
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
E. DISCUSSION:
• The applicant is requesting approval to relocate an existing underground pipeline (associated
with the Chevron pipeline)above ground to install a remotely operated block valve. The above
ground pipeline with remotely operated block valve is proposed to be located within the
existing right-of-way of West State Street approximately 150-feet north of the intersection of
West State Street and State Highway 44. The construction of the facility is proposed to
commence upon the completion of the West State Street/Ballantyne Lane realignment.
• The applicant provided site details, date stamped by the City on August 9, 2011. The site
detail showing the layout of the public service facility (Job No. IDF094-A-00001) shows an
overhead power line located diagonally across the northeast corner of the site and continuing
north to the north side of West State Street. The Eagle Fire Department provided
correspondence, date stamped by the City on August 17, 2011, that indicated when overhead
power lines are located in proximity to above ground piping carrying flammable/combustible
liquids it is a safety concern. The applicant should be required to bury the existing overhead
power lines (located diagonally across the site) prior to the City issuing a zoning
permit/building permit for the construction of the fence enclosure.
• The site detail showing the layout of the public service facility (Job No. IDF094-A-00001),
date stamped by the City on August 9, 2011, does not show any parking located within the
enclosure area. It should be noted that the existing road (West State Street) is proposed to be
vacated from the point where it accesses the section of West State Street that runs from east to
west to where West State Street takes access to State Highway 44. The vacated road will
essentially serve as a driveway for the facility. Also the enclosed area is 30'x40' in size which
is large enough to accommodate a parked vehicle. Within the applicant's narrative date
stamped by the City on August 9, 2011, the applicant has indicated that there will be
approximately one (1) vehicle trip per month to ensure that the remotely accessed block valve
is functioning properly.
• The site plan date stamped by the City on August 16, 2011, and the submitted masonry wall
enclosure elevations, date stamped by the City on August 9, 2011, do not show any
landscaping within or adjacent to the proposed enclosure. Pursuant to Eagle City Code a
minimum of ten percent (10%) of the site is required to be landscaped. The applicant should
provide a design review application showing landscaping to be located adjacent to the outer
wall of the proposed block wall. The design review application should be reviewed and
approved by the Design Review Board and the City Council prior to the City issuing a zoning
permit for construction of the facility.
• The applicant submitted building elevations for a service building, date stamped by the City on
August 23, 2011, which show a structure similar to what will be located at the northeast corner
of the enclosed area. The service building will contain electrical equipment associated with the
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remotely controlled block valve. Most of the service building will be concealed by the
masonry wall enclosure. The design, colors and screening of the service building will be
addressed in accordance with Eagle City Code during the design review approval process.
• 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 this
title (Eagle City Code Title 8) since a public service facility (remotely operated
block valve) may be permitted in the PS (Public/Semipublic) zoning district if a
conditional use permit is approved by the City Council;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan and
since the development will be required to meet conditions within this application
and of a design review application;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the applicant is proposing to screen the block valve with a masonry wall
which will include a rock veneer and wrought iron/decorative fencing to match
other projects within the city;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the facility will be unmanned, will not create loud noises, and the block valve will
be able to be operated remotely;
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. The
proposed facility will be unmanned and will not require central water and sewer
connections. The site will take access from West State Street;
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 proposed facility will not be connected to central services
and access to the site will be provided by West State Street;
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.
The proposed facility and operation will produce one (1) vehicle trip per month.
The block valve will not produce any smoke, fume, glare or odors.
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the vehicle
approach will be from West State Street and there will only be approximately one
(1)vehicle trip per month to the site; and
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I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the proposed site will be located in an area that
previously contained a public road.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
3, 2011, 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 the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
two individuals (not including the applicant/representative) who reside in the subdivision west of the
existing block valve. They spoke in support of the relocation of the block valve and the ability to
remotely control the block valve. The individuals' only concern was the current delay of construction
of the block valve facility.
COMMISSION DELIBERATION:
Upon closing the public hearing the Commission indicated during deliberation that:
• Since the facility is proposed to be constructed on an abandoned roadbed the applicant should
be required to remove that portion of the abandon roadbed to allow the proposed facility to be
constructed to match the existing grade of the adjacent parcels.
• They support the proposal since the neighborhood subdivision (Countryside Estates
Subdivision)residents are in favor of this proposal.
• One member of the Commission is concerned that the applicant has not contacted the Bureau
of Homeland Security with regard to locating the block valve above ground and indicated that
due to the applicant fact that the applicant did not contact the Bureau of Homeland Security
that he was opposed to the application.
COMMISSION DECISION:
The Commission voted 4 to 1 (Aizpitarte against) to recommend approval of CU-04-11 for a conditional
use permit to construct a public service facility for a remotely operated block valve for Chevron Pipe Line
Company, with the following staff recommended site specific conditions of approval and standard
conditions of approval with underline text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The public service facility for a remotely operated block valve facility is the only use approved
with this conditional use permit(ECC 8-2-3).
2. The applicant shall obtain a zoning permit from the City of Eagle Planning and Zoning
Department prior to commencing construction on the site(ECC 8-7-2[A]).
3. The applicant shall be required to bury the existing overhead power lines (extending from the
north side of West State Street) prior to the City issuing a zoning permit/building permit for the
construction of the fence enclosure(ECC 8-7-3-5[D]).
4. The applicant shall submit a design review application showing elevations of the proposed
screening enclosure, service building, and required site landscaping (ECC 8-2A-6, 8-2A-7). The
design review application shall be reviewed and approved by the Design Review Board and City
Council prior to the issuance of a building/zoning permit for this site(ECC 8-2A-17).
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5. The applicant shall comply with the conditions of approval for the associated design review
application prior to the building department issuing a certificate of occupancy(8-2A-19[C]).
6. The applicant shall remove the existing abandoned roadbed associated with the 0.03-acre site and
construct the public service facility at the same grade as the adjacent properties.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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.
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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 or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. 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.
11. 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.
12. 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.
13. 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.
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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.
14. 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.
15. 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.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. 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.
18. 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.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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).
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26. 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. A Neighborhood Meeting was held at the Ada County Highway District Park and Ride lot (located
south of North Ballantyne Lane at the northwest corner of West State Street and Highway 44), at 6:00
PM, on Wednesday, July 6, 2011, in compliance with the application submittal requirement of Eagle
City Code. The application for this item was received by the City of Eagle on August 9, 2011.
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 in the Idaho Statesman on September 17, 2011, and in the Valley Times on September 19, 2011.
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 14, 2011. The site was posted in accordance with the Eagle City Code on
September 23, 2011. Requests for agencies' reviews were transmitted on August 9, 2011, in
accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-04-11) 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) since a public service facility (remotely operated
block valve) may be permitted in the PS (Public/Semipublic) zoning district if a
conditional use permit is approved by the City Council;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan and
since the development will be required to meet conditions within this application
and of a design review application;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the applicant is proposing to screen the block valve with a masonry wall
which will include a rock veneer and wrought iron/decorative fencing to match
other projects within the city;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the facility will be unmanned, will not create loud noises, and the block valve will
be able to be operated remotely;
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. The
proposed facility will be unmanned and will not require central water and sewer
connections. The site will take access from West State Street;
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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 proposed facility will not be connected to central services
and access to the site will be provided by West State Street;
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.
The proposed facility and operation will produce one (1) vehicle trip per month.
The block valve will not produce any smoke, fume, glare or odors.
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the vehicle
approach will be from West State Street and there will only be approximately one
(1)vehicle trip per month to the site; and
I. Will not result in the destruction„ loss or damage of a natural, scenic or historic
feature of major importance since the proposed site will be located in an area that
previously contained a public road.
DATED this 17`h day of October, 2011.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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Derek Smith, Chairman �° ;..GLF '••
ATTEST: •
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Sharon . Bergmann, Eagle City Cl,rk +a,,,,,,,,,,,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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