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Findings - PZ - 2018 - CU-02-18 - Cup For Height Exeption To 69-Feet For A Church Steeple In Lanewood Church Subd.BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A HEIGHT EXCEPTION FOR A CHURCH STEEPLE WITHIN LANEWOOD CHURCH SUBDIVISION FOR ALLAN CHRISTEAN FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU -02-18 The above -entitled conditional use application came before the Eagle Planning and Zoning Commission for their recommendation on May 21, 2018, 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: Allan Christean, PM, represented by Gene Ulmer, AIA, with Gene C. Ulmer Architecture, is requesting conditional use permit approval for a height exception to 69 -feet for a church steeple. The 5.24 -acre site is located on the east side of North Lanewood Road at the northeast corner of North Lanewood Road and West Venetian Drive within Lanewood Church Subdivision (Lot 1, Block 1). B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the LDS Church — Relief Society Room, 1133 North Park Lane, at 6:00 PM, Thursday, April 19, 2018, 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 20, 2018. 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 4, 2018. 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 3, 2018. The site was posted in accordance with the Eagle City Code on May 10, 2018. Requests for agencies' reviews were transmitted on April 23, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with development agreement, planned unit development, and preliminary plat for Lanewood Estates Planned Unit Development (of which the subject property is a portion of) (Ada County File # 200700017 — S/ZC/PUD/DA). Page 1 of 12 K:1Planning Dept\Eagle Applications1CU12O181CU-02-18 LDS Church pr doc On December 11, 2012, the Eagle City Council approved an annexation, rezone, conditional use, preliminary development plan, and preliminary plat applications for Lanewood Subdivision (A-03- 12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12). On February 28, 2013, the Design Review Board approve a design review application for the common area landscaping within Lanewood Subdivision (DR -03-13). On May 13, 2014, the Eagle City Council approved an extension of time application for the preliminary plat for Lanewood Subdivision (PP -01-12) (EXT -02-14). On September 9, 2014, the Eagle City Council approved a final development plan and final plat for Lanewood Subdivision No. 1 (FPUD-06-14 & FP -15-14). On September 23, 2014, the Eagle City Council approved an extension of time application for the execution of the development agreement for the rezone and the preliminary plat for Lanewood Subdivision No. 2 (RZ-04-13/PP-09-13). On September 8, 2015, the City Council approved a final plat extension of time for Lanewood Subdivision No. 1 to be valid until August 26, 2016 (EXT -03-15). On June 23, 2016, the Design Review Board approved a common area landscaping plan for Lanewood Subdivision (DR -16-16). On August 9, 2016, the City Council approved a final development plan and final plat for Lanewood Subdivision No. 1 (FPUD-05-16/FP-10-16). On December 13, 2016, the City Council approved a final development plan and final plat for Lanewood Subdivision No. 2 (FPUD-07-16/FP-14-16). On February 8, 2017, Lanewood Subdivision No. 1 was recorded at the Ada County Recorder's Office. On September 22, 2017, Lanewood Subdivision No. 2 was recorded at the Ada County Recorder's Office. On March 13, 2018, the City Council approved a final development plan and final plat for Lanewood Subdivision No. 3 (FPUD-02-18/FP-02-18). On April 12, 2018, the Design Review Board recommended approval of a church building within Lanewood Church Subdivision (Lot 1, Block 1) (DR -10-18). E. COMPANION APPLICATIONS: Design review application to construct a 18,326 -square foot church building within Lanewood Church Subdivision (DR -10-18). Page 2 of 12 K:Iplanning Dept\Eaglc Applications\CU\2OI81CU-02-1K LDS Churchpzfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Neighborhood Residential No Change Neighborhood Residential Neighborhood Residential Neighborhood Residential Neighborhood Residential ZONING DESIGNATION R -3 -DA -P (Residential with a development agreement - PUD) No Change RUT (Rural -Urban Transition — Ada County designation) R -2 -DA -P (Residential with a development agreement — PUD) RUT (Rural -Urban Transition — Ada County designation) R -3 -DA -P (Residential with a development agreement - PUD) and RUT (Rural - Urban Transition — Ada County designation) LAND USE Vacant (Proposed Lanewood Church Subdivision) Church Vacant parcel Single-family residential (Legacy development) Agriculture Residential (Lilac Springs Subdivision) and a single- family residence. G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. Page 3 of 12 K:1Ylanning Dcpt1L'aglc Applications1CU1201R1CU-02-1K LDS Church pzf.doc I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 5.24 -acres (228,254 -square 0.23 -acres (10,000 -square feet) feet) minimum Percentage of Site Devoted to Building 8% (approximately) 40% (maximum) Coverage Percentage of Site Devoted to 40% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 245 -parking spaces 63 -parking spaces (minimum) Front Setback 75 -feet (South) 30 -feet (minimum) Rear Setback 238 -feet (North) 25 -feet (minimum) Side Setback 145 -feet (West) 20 -feet (minimum) Side Setback 112 -feet (East) 7.5 -feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one building to be utilized as a church and one building to be utilized for storage. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 29 -foot 1 -inch high single -story church building with a steeple [total building height with steeple is 69 -feet] and a 9 -foot 2 -inch high storage shed. Gross Floor Area of Proposed Buildings: The proposed church is approximately 17,304 -square feet and the proposed storage shed is 190 - square feet. On and Off -Site Circulation: An 88,640 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 25 -foot wide driveway is located on the west property line provides access to North Lanewood Road. Two 25 -foot wide driveways are located on the south property line providing access to West Venetian Street. Page 4 of 12 K:1Plann ng DeptlEagk Appiications1CU120181CU-02-18 LDS Church pzfdoc K. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. L. PUBLIC USES PROPOSED: None M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to this staff report. Comments, which appear to be of special concern, are noted below: Email correspondence was received from Ken Acuff, Eagle Water Department Supervisor, dated April 23, 2018 Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Fire Department Department of Environmental Quality Idaho Fish and Game Department Idaho Transportation Department 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 Page 5 of 12 K:IPlanning Dcptlliagk Applications1CU120181CU-02-18 LDS Church p7I.doc 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 November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-1-2: Rules and Definitions: HEIGHT: The height of personal wireless facilities, spires, poles, antennas, steeples, towers, and similar structures shall be determined by measuring the vertical distance from the point of contact with the ground to the highest point of the structure, including any vertical projection thereof. When mounted upon other structures, the combined height of the personal wireless facility, spire, pole, antenna, steeple, tower, and/or similar structure, including the height of the structure mounted upon, shall be used to determine height. • Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the R-2 (Mixed Use) zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Width I* Sq. Ft.) G And H* 1R-2 1135' ij30, 30' Its II20 ij40% 1117,000 1175' Page 6 of 12 K:U'lanning Dapt1L'aglc Applications\CU120181CU-02-18 LI)S Church pzf.doc • Eagle City Code, Section 8-2A-6: Design Requirements, Objectives, and Considerations: B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors, And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator, the design review board, and the city council, whichever the case may be, to determine the appropriateness of such material. 6. Architectural appurtenance height restrictions: a. All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a maximum of forty feet (40') within the DDA and TDA and thirty-five feet (35') in all other locations. Additional height may be permitted if a conditional use permit is approved by the City Council. C. DISCUSSION: The applicant is requesting conditional use permit approval for a height exception of 69 -feet for a church steeple. 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 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 May 21, 2018, 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 no one. COMMISSION DELIBERATION: (Granicus Time 00:12:29) Upon closing the public hearing, the Commission discussed during deliberation that: • The height exception request was reasonable. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of CU -02-18 for a conditional use permit for a height exception for a 69 -foot tall church steeple for Allan Christean with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of the development agreement associated with RZ-04-13 and RZ-04-13 MOD, and any subsequent modifications. 2. Comply with all requirements of DR -10-18, and any subsequent modifications. 3. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City, whichever occurs first. Page 7 of 12 K:1Planning Dcpt1Eagle Applications1CU120181CU-02-18 LDS Church pzEdoc 4. The height of the steeple shall not exceed 69 -feet. 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 and 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 Page 8 of 12 K:1Planning DcptU?agk Applications1CU120181CU-02-18 LDS Church pzl:doc 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant. The applicant shall pay applicable street light inspection fees prior to issuance of any 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 be 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. 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 Page 9 of 12 K:U'lanning Dept\Eagle Applications1CU120181CU-02-18 LDS Church pzt doc 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). 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. 27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of Page 10 of 12 K:1Planning Dept1Eagk Apptications\CU120181CU-02-18 LDS Church pzldoc approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide written acknowledgment to the City accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU - 02 -18) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional use: A. Will, in fact, constitute a conditional use as established in Eagle City Code (ECC) Section 8-2-3 and ECC Section 8-2-4, which establishes use and maximum building height. ECC Section 8-2A-6 (B)(6)(a) provides that that additional height may be permitted if a conditional use permit is approved by the City Council, in accordance with Idaho Code 67-6512(0; 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), (as shown within the findings provided within this document), since there are no inconsistencies with the Comprehensive Plan and since the new church facility will be architecturally compatible with the surrounding properties and structures within the area, and since the development will be required to meet conditions 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 development will not only be required to meet the City's design review requirements, but will also be required to the requirements noted herein; D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the height of the sides and rear portions of the church building will extend to a height of approximately 8 -feet 8 - inches, keeping the side elevations of the church in relationship to the height of a one-story structure. The front and rear elevation will rise to the height of 29 -feet 1 -inch to match the roof ridge line, and the steeple will then extend from the ridge line a height of 39 -feet 11 -inches for a total height above finish floor of 69 -feet; 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 the documentation provided from said agencies and as required as a part of the conditions of approval; 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 because the entire project will be privately funded by the applicant and all public facilities are available for the project; 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 the transportation system has been found to be adequate by the ACHD and since the development is not expected to generate any 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 as approved by the ACHD; and Page 11 of 12 KAPlanning Dcptlliagle Applicatians1CU120181CU-02-18 LDS Church pzf dac I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance, since none are apparent at this site. 1. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DATED this 4th day of June 2018. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman ATTEST: &2--13CPYYI-Orzyk-- Sharon K. Bergmann, Eagle City Clerk Page 12 of 12 K:Wta ring D pt\L'ag@ Applications \CU\2018\CU-02-18 LDS Church pzldoc