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Findings - PZ - 2019 - CU-10-05 MOD - Cup Modification To Remove Previous Expiration Date/Lease Onsite Ball Fields To Someone Other Than ChurchBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) CONDITIONAL USE PERMIT FOR A CHURCH ) BUILDING ADDITION AND MODIFICATION TO ) CONDITIONS OF APPROVAL FOR EAGLE ) CHURCH OF THE NAZARENE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU -10-05 MOD The above -entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on December 17, 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: Eagle Church of the Nazarene, represented by Matt Garner with Architecture Northwest, PA, is requesting conditional use permit modification approval for a church building addition, to remove the expiration date associated with previously approved conditional use permit application, and to lease the on-site ball fields to an entity/organization other than the church. The 21.38 -acre site is located on the south side of West State Street approximately 210 -feet east of North Riverview Street at 1001 West State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 6:00 PM, Wednesday, October 10, 2018, in compliance with the application submittal requirement of Eagle City Code. The applications for this item was received by the City of Eagle on October 17, 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 November 30, 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 November 28, 2018. The site was posted in accordance with the Eagle City Code on December 6, 2018. Requests for agencies' reviews were transmitted on October 22, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 5, 1999, the Eagle City Council approved a conditional use permit application for a building expansion to the Eagle Church of the Nazarene (CU -06-99). The findings of fact and conclusions of law were approved on October 26, 1999. On October 5, 1999, the Eagle City Council approved a design review application for a building expansion to the Eagle Church of the Nazarene (DR -29-99). On November 27, 2001, the Eagle City Council approve a design review application for a modification to the landscaping at the Eagle Church of the Nazarene (DR -29-99 MOD). Page 1 of 13 K:U'lanning IkplUiagle Applications\CU121N151CU-10.05 MUll Nazarene Church pil.doc On January 11, 2005, the Eagle City Council approved a design review application to modify the existing monument sign for the Eagle Church of the Nazarene (DR -112-04). On September 20, 2005, the Eagle City Council approved a conditional use permit application for a building expansion to the Eagle Nazarene Church of the Nazarene (CU -10-05). The findings of fact and conclusions of law were approved on October 11, 2005. On September 20, 2005, the Eagle City Council approved a variance application from the 50 -foot floodway setback from Dry Creek for the Eagle Church of the Nazarene (V-01-05). The findings of fact and conclusions of law were approved on October 11, 2005. On September 20, 2005, the Eagle City Council approved a design review application for a building addition to the Eagle Church of the Nazarene (DR -62-05). On March 12, 2013, the City approved a design review application for a building wall sign for the Eagle Church of the Nazarene (DR -09-13). E. COMPANION APPLICATIONS: DR -29-99 MOD2 (design review for building addition) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION Existing Compact R-4 (Residential) Proposed No Change No Change LAND USE Church Church/Three Baseball/Softball Fields North of site Compact A (Agricultural) Agricultural South of site Public/Semi-Public R-4 (Residential) State Highway 44 East of site Compact R-4 (Residential) Residential West of site Compact R-4 (Residential) Residential G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: There is an existing 46,264 -square foot building, associated parking, and recreation fields south of the building on this site. Page 2 of 13 K:U'lanning DcptlEagk ApplicationACU120051CU-10.05 MOD Nazarene Church pit:doe I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 21.38 -acres (931,313 -square feet) 0.18 -acres (8,000 -square feet minimum) Percentage of Site Devoted to 4% (approximately) 40% (maximum) Building Coverage Percentage of Site Devoted to 82% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 328 -total parking spaces 234 -parking spaces* 234 -existing parking spaces 94 -proposed parking spaces Front Setback 220 -feet (north) 20 -feet (minimum) Rear Setback 715 -feet (south) 25 -feet (minimum) Side Setback 220 -feet (west) 7.5 -feet (minimum) Side Setback 208 -feet (east) 7.5 -feet (minimum) *Note: Total number of parking spaces required for the existing church facility, including the building addition approved with design review application DR -62-05. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building addition to be used as a church. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 33 -foot high, two story structure. Gross Floor Area of Proposed Buildings: Existing Proposed Total per floor First Floor = 35,420 -square feet 1,520 -square feet 36,940 -square feet Second Floor = 10,844 -square feet 640 -square feet 11,484 -square feet Total = 46,264 -square feet 2,160 -square feet 48,424 -square feet On and Off -Site Circulation: An existing 80,210 -square foot parking lot provides parking for vehicles using this site. The applicant is proposing to add 46,158 -square feet of parking area on the east side of the church facility for a total of 126,368 -square feet of parking area on this site. Two existing 30 -foot wide driveways located 30 - feet and 290 -feet west of the east property line provide access to West State Street. No access to State Highway 44 is proposed and none is permitted. Page 3 of 13 K:\Planning IkptV:aglc Appticatioac\CU\3005\CU-10-05 M()I) Nararcnc Church ptf.Juc K. PARKING ANALYSIS: Total parking spaces shown on Existing Site Plan, date stamped by the City on October 17, 2018. Total: 328 — on-site parking spaces Combined Required Total Parking Spaces for a Church or Places of Religious Assembly: One parking space for each five seats — 1,170 seats/5 = 234 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space for each 5 -seats. • Total required: = 234 parking spaces (The proposed porte-cochere and lobby area do not have any classroom or meeting areas associated with them, thus no additional parking is required to be constructed with the proposed building addition) L. 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. M. PUBLIC USES PROPOSED: None N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — The western portion of the property is designated as a Hazard Area and Special Area in the Comprehensive Plan Evidence of Erosion — no Fish Habitat — not known Floodplain — yes — Dry Creek — located adjacent to the western property line Mature Trees — yes Riparian Vegetation — yes Steep Slopes — no Stream/Creek — Dry Creek Unique Animal Life — unknown Unique Plant Life — unknown Unstable Soils — unknown Wildlife Habitat — yes P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Q. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Andeavor (fka Tesoro Logistics NW Pipeline) Department of Environmental Quality Eagle Fire Department Eagle Sewer District R. LETTERS FROM THE PUBLIC: None received to date. Page 4 of 13 K:Wlanning Ilcptllagle Applications\CU120051CU-t0.05 MOIL Nararcnc Church pzf.doc S. 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. STAFF ANALYSIS: 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: Compact Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4 units per acre to 8 units per acre Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry Creek (generally shown as floodway on the Land Use Map). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Floodway areas are excluded from being used for calculating residential and development densities. Any portion of the floodway developed as a substantially improved wildlife habitat and/or wetlands area that is open to and usable by the public for open space, such as pathways, ball fields, parks, or similar amenities, as Page 5 of 13 K:1l'lanning Ikpt\Eagle Applications1CU120051CU-11ld05 M()l) Nazarene Church pzl.doc may be credited toward the minimum open space required for a development, if approved by the City Council. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown on the Land Use Map, the adjacent land use designation shown shall be considered to abut the actual floodway boundary. Regional Open Space Open space should be designed to capitalize on and expand the open space areas around natural features and environmentally sensitive areas. Priorities for preservation include: The most sensitive resources — floodways and floodplains (including riparian and wetland areas), slopes in excess of 25%, locally significant features, and scenic viewpoints. Fragmentation of open space areas should be minimized so that resource areas are able to be managed and viewed as an integrated network. Open space areas within the Foothills and along Dry Creek and the Boise River should be designed to function as part of a larger regional open space network. Where possible, open space should be located to be contiguous to public lands and existing open space areas. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: CHURCHES AND OTHER PLACES OF RELIGIOUS ASSEMBLY: An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the state of Idaho with a state tax exempt status in accord with Idaho Code section 63-602B. • Eagle City Code Section 8-2-3 states, in part, that a Church located within a R (Residential) zoning district requires the approval of a conditional use permit. • Eagle City Code Section 8-2A-1: Design Review Overlay District: General Applicability: This article applies to all proposed development located within the Design Review Overlay District which shall include the entire City limits, and any land annexed into the City after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the City Council. • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: Type Of Use Off Street Parking Spaces Required Churches and other places of religious assembly 1 for each 5 seats • Eagle City Code Section 8-7-2(A) Zoning Permit: 1. Permit Required: No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a permit therefor issued by the administrator. Zoning permits shall be issued only in conformity with the provisions of this title. Page 6 of 13 K:WIanning Ikpt\Eaglc Applications1CU120O51CU-10.0.5 MOO) Nazarene Church pzl.doc • Eagle City Code Section 8-7-3-5(F) Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. C. DISCUSSION: • The applicant is requesting a modification to the Church's previously approved conditional use permit for three primary reasons: 1) request approval to construct a building addition (porte- cochere and lobby area on the east side of the existing church building), 2) request approval to lease the on-site ball fields to entities/organizations other than the church, and 3) remove previously placed site specific condition of approval No. 8 which stated, "This conditional use permit shall expire on September 30, 2009, and may be renewed upon submittal of a new conditional use permit prior to this expiration date." • The applicant has submitted a design review application (DR -29-99 MOD2) for a church building addition and parking lot expansion for Eagle church of the Nazarene. The design review modification application (DR -29-99 MOD2) should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate for the building addition (ECC 8-7- 2[A]). • Three ball fields are located in the southern portion of the site which are used by the members/patrons of the church as well as entities/organizations other than the church. The use of the ball fields by members/patrons of the church is an approved use (as part of conditional use permit CU -10-05) as it is ancillary to the church use; however, the leasing of the ball fields to entities/organizations other than the church was not previously contemplated nor approved by the City as part of the approved conditional use permit. If approved as proposed, this conditional use permit modification will permit the leasing of the ball fields to entities/organizations other than the church. Parking: 234 -parking spaces exist on the site and 94 -parking spaces are proposed to be constructed, providing a total of 328 -parking spaces. Eagle City Code does not specifically address the required parking for ball fields; however, staff researched other codes regarding the recommended parking for outdoor recreation areas (ball fields). Minimum parking requirements were typically based on the number of seats or the acreage of the ball fields. For facilities with fixed spectator seats, 1 -parking space per each four seats is required. For facilities with no fixed spectator seats, the parking is generally 20 -parking spaces per acre. Since there are no fixed seats associated with these three ball fields, staff calculated the average field area to be approximately 5 - acres (based upon the area shown on the site plan date stamped by the City on October 17, 2018). Based on the aforementioned information, 100 -parking spaces may be considered appropriate for the three ball fields (20 -parking spaces x 5 -acres). With 328 -parking spaces being provided on site (being shared by the church and users of the fields), it appears that adequate parking exists. • Staff has reviewed the particular -facts and circumstances of this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional use), has made the following conclusions: The proposed conditional use; A. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) 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); Page 7 of 13 K:'Planning Dt pt\1iagle Applicatiuns1CU120051CU-10-05 MOD Nazarene Church pzi.doc 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. 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 December 17, 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 13:17) Upon closing the public hearing, the Commission discussed during deliberation that: • The Eagle Church of the Nazarene has been an exemplary member of the community by providing facilities for organizations in addition to the church. • Paving the existing gravel parking area will help reduce dust during the dry seasons and provide a nice surface during the raining seasons. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of CU -10-05 MOD for a conditional use permit for the Eagle Church of the Nazarene to include a church building addition, to remove the expiration date associated with previously approved conditional use permit application, and to lease the on-site ball fields to an entity/organization other than the church with the following staff recommended site specific conditions of approval and standard conditions of approval: Page 8 of 13 K:1I'lanning Dept\I aglc ApplicationsICU130051CU-10.05 MOI) Naiarcnc Church pzr.doc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The approval of this conditional use permit is for the building addition of a porte-cochere and lobby area on the east side of the existing church facility as shown on the site plan date stamped by the City on October 17, 2018. A future conditional use permit modification application shall be submitted for review and approval by the City for any future building additions or parking lot expansions. 2. The design review modification application (DR -29-99 MOD2) shall be reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning certificate for the building addition (ECC 8-7-2[A]). 3. The on-site ball fields may be leased to entities/organizations other than the church. 4. Any lights proposed to illuminate the ball fields shall be reviewed and approved by the Design Review Board and City Council prior to installation (ECC8-4-4-2[A]). 5. 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. 6. With regard to site specific condition of approval No. 8 (permit expiration condition) as provided within the City Council findings of fact and conclusions of law document dated, October 11, 2005, the approval of this conditional use permit modification shall supersede. This conditional use permit shall not expire. 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. Page 9 of 13 K:\I'Luuting Ihpt\Eaglc Appliations\CUL(X)-5\CU- 1u -I15 h1(1) Nurrcnc Church pif.doc 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 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. Page 10 of 13 K:1PLmning DeptlEaglc Applications1CU1201151CU-111-11.5 MOD Nazarene Church pzi.doc 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 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. Page 11 of 13 K:IPlanning Deptll:agk Applications1CU12IX)51CU-I0.05 MOl) Nazarene Church pzl:doc 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. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU - 10 -05 MOD) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional uses: A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3, which establishes use for the zoning district involved since a church may be permitted within the R-4 (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), (as shown within the findings provided within this document), since there are no inconsistencies with the with the Comprehensive Plan and since the proposed church will be located within a R-4 (Residential) zoning district and will be architecturally compatible with the existing church facility 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 church will not only be required to meet the City's design review requirements but will also be required to meet the requirements noted herein; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the church has been operating from this location for twenty-nine years and the ball fields have been in operation for the past fourteen years with organized league events taking place over the course of the baseball/softball seasons. The parking area associated with the ball fields will be paved to mitigate dust, therefore, eliminating the previous on-site dust concerns. 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; Page 12 of 13 K:WLtnning Dept\Eagle Application.\CU1201151CU• 10-05 MOD Nazarene Church pitJoc F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community, since the site is Unproved with essential public facilities such as streets, sewer, and water services; 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 ACRD and since the development is not expected to generate any noise, smoke, fumes, glare or odors; H. WiII 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 on this site. 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 7th day of January, 2019. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho (Y,J---6,- Qy Trent Wright, Chairman % ,,,,C,,,,,,,,,rr,• C)4. ;' ,,pR,tP • ATTEST: • -, 6' • Sharon K. Bergmann, Eagle City C erk -l'1 i.f' OF \O`,.�,'� Page 13 01.13 K \I'lunnmg Ikplp.ugle Appl>Larn+nsk L'1_'INli1l l' III IIS MC )I) \,vari ni C'hur h pii do.