Findings - CC - 2023 - CU-14-22 - Conditional Use Permit for an Emergency Services Facility, Waiver of Minimum Lot Coverage, and a Change of Nonconforming Use Based on Property Size BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
AN EMERGENCY SERVICES FACILITY, )
WAIVER OF MINIMUM LOT COVERAGE, )
AND A CHANGE OF NONCONFORMING )
USE BASED ON PROPERTY SIZE FOR )
EAGLE FIRE PROTECTION DISTRICT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-14-22
The above-entitled conditional use permit application came before the Eagle City Council for their action
on February 28, 2023, 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:
PROJECT SUMMARY:
A. Eagle Fire Protection District, represented by Tamara Thompson with The Land Group, Inc., is
requesting conditional use permit approval for a new emergency services facility, waiver of
minimum lot coverage,and a change of nonconforming use based on the size of property.The 4.40-
acre site is located on the west side of North Horseshoe Bend Road approximately 500-feet south
Beacon Light Road at 12655 North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle Fire Station#1,966 East Iron Eagle Drive,at 6:00 PM,
on Thursday,September 8,2022,in compliance with the application submittal requirement of Eagle
City Code.The application for this item was received by the City of Eagle on September 22,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on September 26, 2022, in accordance with the
requirements of the Eagle City Code. 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 November 3, 2022. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65,Idaho Code and Eagle City Code on November 4,2022.The site was posted in accordance with
the Eagle City Code on November 11,2022.
Notice of Public Hearing on the applications 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
February 9,2023. Notice of this public hearing was mailed to property owners in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 10, 2023.
The site was posted in accordance with the Eagle City Code on February 17,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS:None.
Page 1 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccf docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION LAND USE
Existing Large Lot Residential A-R(Agricultural- Single-family home and
Residential) accessory structures
Proposed No Change No Change Emergency services facility
R-E(Residential-Estates) Single-family residential
North of site Estate Residential and A-R(Agricultural- subdivision(Bogus Ridge
Residential) Subdivision)and vacant
parcel
Neighborhood Single-family residential
South of site Residential R-E (Residential-Estates) subdivision(Bogus Ridge
Subdivision)
•
Estate Residential and RR(Rural Residential—Ada Single-family residential
East of site subdivision(Maryglen
Mixed Use County designation)
Subdivision No. 1)
Single-family residential
West of site Estates Residential R-E(Residential-Estates) subdivision(Bogus Ridge
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
EXISTING SITE CHARACTERISTICS:
The site consists of an existing single-family dwelling and two (2) accessory structures located
directly east of the existing dwelling and southeast of the existing dwelling. The site also contains
several mature trees located adjacent to the northeast property line, in proximity to the driveway
serving the existing dwelling,and in proximity to the accessory structure located east of the existing
dwelling.
Page 2 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-l4-22 Eagle Fire Station#2 ccf.docx
J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 4.4-acres 4.4-acres(minimum)as
approved herein
Percentage of Site Devoted to Building 15% 15%(maximum)as approved
Coverage herein
Percentage of Site Devoted to 42.7% 10%(minimum)
Landscaping
Number of Parking Spaces 53-spaces 48-spaces
Front Setback 75-feet 60-feet(minimum)
Rear Setback 38-feet 30-feet(minimum)
Side Setback 50-feet 30-feet(minimum)
Street Side Setback 64-feet 45-feet(minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing three(3)buildings,which will be utilized as follows:
• Main building-A joint Eagle Fire Department,Bureau of Land Management,and Eagle Police
Department. Fire apparatus garages and administrative offices.
• Second building—Training and support building.
• Training tower
Height and Number of Stories of Proposed Buildings:
The proposed height of the buildings will not exceed 35-feet.The main building will be a two-story
building.
Gross Floor Area of Proposed Buildings:
28,225-square feet
On and Off-Site Circulation:
Access to the site will be provide from North Horseshoe Bend Road.The applicant is also proposing
emergency access to State Highway 55 along the eastern property line of the site.
L. PARKING ANALYSIS:
Combined Total for Emergency Services Facility
Proposed: 53—on-site parking spaces
Gross Floor Area of Proposed Buildings:
Emergency services facility = 10,446-square-feet
Training support facility = 3,000-square-feet
Total = 13,446-square-feet
Page 3 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccf.docx
Combined Required Total.
Emergency services facility— 1/500 square-feet 10,446/500 square-feet =21 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 500-square-feet of gross floor
area;plus minimum of 2 enclosed vehicle storage spaces:
Training support facility— 1/250 square-feet 3,000/1,000 square-feet = 12 parking space
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square-feet of office,
business and professional uses:
Total: =33 parking spaces
M. PUBLIC SERVICES AVAILABLE:
The site is served by City of Eagle Municipal Water, Eagle Police Department, and Eagle Fire
Department.
N. PUBLIC USES PROPOSED:
The proposed use is an emergency services facility for Eagle Fire Department, Bureau of Land
Management,and Eagle Police Department.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—located adjacent to the northeast property line, along the existing driveway
serving the dwelling,and located in proximity to the existing dwelling.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
ACHD
Eagle Fire Department
Eagle Sewer District
S. LETTERS FROM THE PUBLIC:None received to date.
Page 4 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccfdocx
T. 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;
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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: No provisions of special concern.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
EMERGENCY SERVICES: Provision of emergency medical care transportation, fire
protection and police protection, including incidental storage and maintenance and parking of
emergency and emergency related vehicles.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the
horizontally projected area of the lot, expressed as a percentage.
NONCONFORMING USE: A building, structure or use of land existing at the time of
enactment of this title, and which does not conform to the regulations of the district in which
is situated.
Page 5 of 13
K:\Flanning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccfdocx
• Eagle City Code Section 8-2-3: Schedule of District Regulations:
An Emergency Services Facility requires a conditional use permit within the A-R(Agricultural-
Residential)zoning district.
• Eagle City Code,Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the
R-E(Residential-Estates)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*
A-R 35' 60' 30' 30' 45' 10% 4.7 acres 100'
• Eagle City Code, Section 8-3-3: Supplemental Yard and Height Regulations:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a Residential District; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the Council is provided. Such screening shall be a masonry or solid
fence between four feet(4')and eight feet(8')in height,maintained in good condition and
free of all advertising or other signs. Landscaping provided in lieu of such wall or fence
shall consist of a strip of land not less than twenty feet (20') in width planted with an
evergreen hedge or dense planting of evergreen shrubs not less than four feet(4')in height
at the time of planting.
• Eagle City Code, Section 8-5-2: Authority To Continue Nonconforming Use:
If a lawful use involving individual structures,or of a structure and land in combination,exists
at the effective date hereof that would not be allowed in the district under the terms of this
title, the lawful use may be continued so long as it remains otherwise lawful, subject to the
following provisions:
C. Change Of Nonconforming Use: Any nonconforming use of a structure and land may,
upon the issuance of a conditional use permit by the Council, be changed to another
nonconforming use;provided,that the Council shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing nonconforming use. In
permitting such change, the Council may require appropriate conditions and safeguards
in accord with other provisions of this title. Upon the change of a nonconforming use to
another nonconforming use through the issuance of a conditional use permit, the terms
and provisions of the conditional use permit shall prevail and the previous nonconforming
use rights shall no longer exist. If any term or condition of the conditional use permit is
violated, the conditional use permit may be revoked, at which time the use will be
considered an illegal use. Thereafter,the use and zoning shall conform to those permitted
or conditional uses allowed under the zoning code in effect at that time.Pursuant to Eagle
City Code Section 8-5-2(C), any nonconforming use of a structure and land may, upon
the issuance of a conditional use permit by the Council, be changed to another
nonconforming use; provided that the Council shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing nonconforming use.
Page 6 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccf.docx
C. DISCUSSION(based on the site plan, date stamped by the City on September 22, 2022):
• As previously identified, the property is located within the A-R (Agricultural-Residential)
zoning district.The minimum lot size within the A-R(Agricultural-Residential)zoning district
is 4.7-acres.Based on the property being 4.4-acres in size,the applicant is requesting approval
for a change of nonconforming use to replace the existing residential dwelling and accessory
structures with a new emergency services facility,training support building,and training tower.
As a part of the request the applicant is requesting to increase the maximum lot coverage from
10%to 15%. The property surrounding the subject property is zoned R-E(Residential-Estates)
which allows a maximum lot coverage of 15%.Based on the applicant's request,if the Council
approves the maximum lot coverage waiver request, the maximum lot coverage should not
exceed fifteen percent(15%).
• Pursuant to Eagle City Code Section 8-1-2, Emergency Services allow for the incidental
storage,maintenance and parking of medical transport vehicles. All storage,maintenance, and
parking of emergency vehicles should occur within the confines of the garage units.
• As proposed,the buildings located within the site are in conformance with the required setbacks
associated with the A-R(Agricultural-Residential)zoning district.Although the future training
center is in conformance with the required rear yard setback of 30-feet,it is not in conformance
with required separation between a nonresidential building or uses and a residential district.
Pursuant to Eagle City Code Section 8-3-3(D),all nonresidential buildings or uses are required
not to be located nor conducted closer than 40-feet to any lot line of a residential district,except
that the minimum yard requirements may be reduced to fifty percent(50%)of the requirement
if acceptable landscaping or screening approved by the Council is provided. Such screening
shall be a masonry or solid fence between four feet(4')and eight feet(8')in height,maintained
in good condition and free of all advertising or other signs. Landscaping provided in lieu of
such wall or fence shall consist of a strip of land not less than twenty feet(20')in width planted
with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in
height at the time of planting. The applicant should be required to provide a revised site plan
showing either a masonry wall or solid fence a minimum of 6-feet in height or landscaping in
lieu of the wall or fence located adjacent to the southern property line. The revised site plan
should be provided prior to submittal of a design review application.
• The west elevation of the main building is located in closest proximity to the adjacent
residential subdivision(Bogus Ridge Subdivision). The site plan identifies a generator within
an enclosure located adjacent to the west elevation of the main building.The enclosure consists
of four-sides and no roof. The applicant should be required to provide a revised site plan
showing the generator and enclosure located within an area which is not adjacent to the Bogus
Ridge Subdivision. The revised site plan should be provided prior to submittal of a design
review application.
PUBLIC HEARING OF THE COMMISSION(Public Hearing Audio/Video Record):
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 21, 2022, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
Page 7 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccf.docx
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one (1) individual who indicated the adjacent neighbors were not given a choice in determining
whether a fire station should be located near their homes.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• They are pleased to see the consolidation of two agencies within a single facility.
• The fire district has given a lot of thought into the location to allow for quicker response times.
COMMISSION DECISION:
The Commission voted 4 to 0 (McCauley absent) to recommend approval of CU-14-22 for a conditional
use permit for a new emergency services facility, waiver of minimum lot coverage, and a change of
nonconforming use based on the size of property,with the site specific conditions of approval and standard
conditions of approval provided within their findings of facts and conclusions of law document, dated
December 5,2022.
PUBLIC HEARING OF THE COUNCIL(Public Hearing Audio/Video Record):
https://eagleid.granicus.com/plaver/clip/1694?view_id=1&redirect=true&h=a22666c 178424e903474d594
ddelfe3a
A. A public hearing on the application was held before the Eagle City Council on February 28, 2023, at
which time testimony was taken and the public hearing was closed.The Council made their decision at
that time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-14-22 for a conditional use permit for a new emergency services
facility,waiver of minimum lot coverage,and a change of nonconforming use based on the size of property,
with the following Planning and Zoning Commission recommended site specific conditions of approval
and standard conditions of approval with underline text to be added by the Council and strike through text
to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The "Emergency Services" facility with accessory training center, and a training tower shall be a
permitted use.
2. The applicant shall submit a design review application in accordance with Eagle City Code Section 8-
2A. The design review application shall be reviewed and approved by the Design Review Board and
City Council prior to the issuance of a zoning certificate for construction of the building. (ECC 8-2A-
17)
3. The applicant shall submit payment to the City for all engineering 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. If=he Council +ppr%yes the i "' lot tThe maximum lot coverage shall
not exceed fifteen percent(15%).
5. Sirens shall not be used while on the property where the"Emergency Services"facility is located unless
otherwise required by I.C. Section 49-623.
Page 8 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccfdocx
6. All storage, maintenance, and parking of emergency fire apparatus vehicles shall occur within the
confines of the garage units.
7. Provide a revised site plan showing either a masonry wall or solid fence a minimum of 6-feet in height
or landscaping in lieu of the wall or fence located adjacent to the southern property line. The revised
site plan shall be provided prior to submittal of a design review application. (ECC 8-3-3[D])
8. Provide a revised site plan showing the generator and enclosure located within an area which is not
adjacent to the Bogus Ridge Subdivision or provide sound mitigation to reduce the sound at the property
line to 65 dB.The revised site plan shall be provided prior to submittal of a design review application.
9. No signs are proposed with this application, and none are approved. A design review application is
required for the approval of any signs.
10. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department
prior to issuance of a building permit.(ECC 8-7-2[A]).
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 surety 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.
Page 9 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccfdocx
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,or drain,for irrigation water or irrigation waste water owned
by an organized irrigation district,canal company,ditch association, drainage district,drainage entity,
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 Engineer prior to the City Engineer
signing the final plat.
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,or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation
entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity,drainage district,or drainage 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, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
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.
Page 10 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccfdocx
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.
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 Parks and Pathways Development Commission for a path
or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission 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 staff and
the City Engineer 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
floodplain (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.
Page 11 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CIJ-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccf docx
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-14-
22) 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 Section 8-2-3, which
states that emergency services facilities may be approved within the A-R(Agricultural-Residential)
zoning district with the approval of a conditional use permit.
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 an emergency services facility is permitted
with a conditional use permit within the A-R (Agricultural-Residential) zoning district, and the
applicant will be required to meet conditions of approval required herein and the conditions of
approval associated with 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 required to submit a design
review application to be reviewed and approved by the Design Review Board and City Council
prior to submittal of a building permit application;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the applicant is
required to be in conformance with Eagle City Code Section 8-3-3(D) regarding buffers for side
and rear yards for nonresidential uses abutting residential districts and sirens are not be used while
on the property where the facility is located unless otherwise required by I.C. Section 49-623;
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal,water 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 responses received by agencies providing the public services or as conditioned
herein;
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 a fire station at this
location will be provide quicker response times to the surrounding area;therefore,reducing the cost
of insurance for residents living in close proximity to the facility;
Page 12 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccf docx
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 it is the intent to only use the lights
of the trucks until the trucks have exited the site when responding to an emergency;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares as an emergency access since a public street serves
the site and the applicant is working with the Idaho Transportation Department for direct access to
State Highway 55 which will allow for quicker responses associated with calls for service south of
the subject site;and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance,since there are no scenic or historic features of major importance on the site.
2. In accordance with Eagle City Code 8-7-3-1(C), the Council concludes that a waiver of lot coverage
requirements in the A-R zone, from 10% to 15%, may be permitted since the maximum lot coverage
allowed within the adjacent properties is 15%.
3. In accordance with Eagle City Code Section 8-5-2(C), the Council concludes the proposed use of a
structure on a nonconforming parcel of land (based on the size of the property— 4.4-acres) may be
permitted since the emergency services facility will provide a needed service within the immediate
area.
4. 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 l lth day of April,2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Ja n fierce,Mayor
ATTEST: •
LE '
� ........
*
6/2a...ii_12.i.
if O
o
racy E. W orh, Eagle City Cla}l
• 4 .
•.• ..
STP�
Page 13 of 13
K:\Planning Dept\Eagle Applications\CU\2022\CU-14-22 Eagle Fire Station#2\Findings\CU-14-22 Eagle Fire Station#2 ccf docx