Findings - CC - 2018 - CU-02-18 - Height Exception For A Church Steeple In Lanewood Church SubdivisionBEFORE THE EAGLE CITY COUNCIL
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 permit application came before the Eagle City Council for their action
on June 12, 2018, at which time public 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:
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.
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
May 28, 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 23, 2018. The site was posted in accordance with the
Eagle City Code on June 1, 2018.
Page 1 of 12
K:1Planaing DeptTagk ApplicationssCU1211181CU-02-18 LDS Church cct doc
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).
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-
12IRZ-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:1Planning Deptll:aglc Applications1CU120181CU-02-18 LDS Church ccf.doc
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:IPlanning Dcpt\Eaglc Applications1CU120181CU-02.18 LDS Church ccf.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:Wlanning Dept113aglc Applcations\CU120181CU-02-18 LDS Church ccI doc
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, City of Eagle Water Superintendant, 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
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
Page 5 of 12
K:Planning DeptTaglc Applications1CU120181CU-02-18 LDS Church ccI 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 CODE 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 H35' 1130'
30'
110'
0 1120 1140% 1117,000 1175'
Page 6 of 12
K:1Planning Dcpt\Eagle Applicationc1CU120181CU-02- 18 LDS Church ccf.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 site specific conditions of
approval and standard conditions of approval provided within their findings of fact and conclusions of law
document, dated June 4, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 12, 2018, 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 the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
Page 7 of 12
K:1Planning Dept1Eaglc Applications1CU120181CU-112-18 LDS Church cc$ doc
COUNCIL DECISION:
The Council voted 4 to 0 to approve 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 Planning and Zoning Commission
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.
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.
Page 8 of 12
K:1Planning DeptlEaglc Applications1CU120181CU-02-18 LDS Church cct doc
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 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."
Page 9 of 12
K:1Planning DeptlEagle ApplcationssCU120181CU-02-18 LDS Church ccf.doc
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
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.
Page 10 of 12
K:1Planning Dcpt1L'aglc Applications1CU120181CU-02-18 LDS Church cct.doc
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
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 Council 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 (above finished
grade) 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 of 69 -feet above the finished floor. The finished floor will be
set at 3.5 -feet above existing ground at the northwest comer and 5.4 -feet above existing ground at
the southeast corner which will result in the finished floor being approximately 2 -feet above the
proposed sidewalk at the front of the building;
Page 11 of 12
K:1Planning Dept1Eagle Applications1CU120181CU-02-18 LDS Church cct:doc
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
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 26th day of June 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle C ty Clerk
Page 12 of 12
K:\Planning Dcpi\Eagk: Applications\CU\2018\CU-02-18 LDS Church ccf. o
Os Alt
•r.•
•
• •••••••{•j .•�
•, •1~fir
• 1-
•
• _. •
••
es • —.
• •
•• s1 • �� ;
Pi