Findings - CC - 2019 - CU-10-05 MOD - Addition To Church And Modification Of Conditions Of ApprovalBEFORE THE EAGLE CITY COUNCIL
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 application came before the Eagle City Council for their consideration
on February 12, 2019, at which time public testimony was taken and the public hearing was closed. The
Council continued the application to February 26, 2019, at which time the Council continued the
application to March 12, 2019, at which time the Council remanded the application to staff to schedule a
public hearing to incorporate new information that was not included with the original public hearing. The
application and new information came before the City Council for their action on April 2, 2019, at which
time public testimony was taken and 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:
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.
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 January 25,
2019. 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 January 22, 2019. The site was posted in accordance with the Eagle City Code on
January 31, 2019.
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Notice of a second 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
March 16, 2019. 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 March 13, 2019. The site was posted in accordance with the Eagle
City Code on March 21, 2019.
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).
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 LAND USE
DESIGNATION DESIGNATION
Existing Compact R-4 (Residential) Church
Proposed No Change No Change 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.
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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.
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.
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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.
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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
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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
Churches and other places of religious assembly
Off Street Parking Spaces Required
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.
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• Eagle City Code Section 8-7-3-4: Supplementary Conditions and Safeguards:
In granting any conditional use, the council may prescribe appropriate conditions, bonds and
safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when
made a part of the terms under which the conditional use is granted, shall be deemed a violation of
this title.
• Eagle City Code Section 8-7-3-5(D): Conditional Use Permit:
Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached
to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
• Eagle City Code Section 8-7-3-5(F)
Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
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
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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);
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 following 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.
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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.
o 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 provided within their fmdings of fact and
conclusions of law document, dated January 7, 2019.
PUBLIC HEARING OF THE COUNCIL (February 12, 2019):
A. A public hearing to consider the application was held before the City Council on February 12, 2019, at
which time public testimony was taken and the public hearing was closed. The Council continued the
application to February 26, 2019, to provide staff and legal counsel time to draft site specific
conditions of approval for Council consideration regarding dust abatement in relation to the use of the
ball fields, hours of operation, site security, and placement of vendors vehicles. On February 26, 2019,
the Council continued the application to March 12, 2019, to provide staff and the applicant the
opportunity to meet and address the concerns raised by the Council at their February 12, 2019,
meeting. On March 12, 2019, the Council remanded the application to staff to schedule a second
public hearing to incorporate new information that was not included with the original public hearing.
B. Oral testimony in opposition to the application was presented to the City Council by one (1) individual
who voiced the following concerns:
o Excessive dust created by dragging the ball field during field preparation.
• Excessive noise from food vender truck generators.
• The use of the ball fields every day, nine months a year.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
SECOND PUBLIC HEARING OF THE COUNCIL (April 2, 2019):
A. A second public hearing to consider the application was held before the City Council on April 2, 2019,
at which time public 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 one (1) individual
who voiced the following concerns:
• Excessive dust created by dragging the ball field during field preparation.
o Excessive noise from food vender truck generators.
o The use of the ball fields every day, nine months a year.
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C. Oral testimony in favor of the application was presented to the City Council by five (5) individuals
(not including the applicant/representative) who indicated the following:
• The hours the ball fields are used should comply with the rules of the public parks within the City
of Eagle, dawn to dusk.
• The ball fields are a great asset to the City of Eagle and softball community.
COUNCIL DECISION:
The Council voted 2 to 0 (Pittman recused; Bastian absent) to approve CU -10-05 MOD for a conditional
use permit for the Eagle Church of the Nazarene with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with text shown
with underline to be added by the Council.
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.
7. Applicant shall ensure dust mitigation procedures are undertaken bv Applicant, its agents. and third
Party users of the ball fields. Dust mitigation includes applying sufficient amounts of water to dirt
infields to eliminate dust when the field is dragged or similar work is performed that will cause dust.
Applicant's permission to third parties to use the ball fields shall be in writing, signed bv Applicant
and third party. The written permission shall include a requirement placed on the third party to comply
with the dust mitigation requirement of this permit.
The following shall be posted on site near the ball fields. "For use information. concerns about these
fields. and non -emergency calls please call 208-939-0661. For emergency situations please call 911."
A representative of the church shall be available to receive non -emergency calls during all hours of
operation of the ball fields.
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8. Applicant shall ensure that the ball field hours of operation and months of use are observed by the
Applicant, its agents, and third party users of the ball fields (ball field numbers based on the site plan
date stamped by the City on March 4, 2019).
Ball field #1 shall be limited to the following hours:
Monday — Sunday — 8:00 am to dusk
Ball fields #2 and #3 shall be limited to the following hours:
Monday — Sunday — dawn to dusk
Use of the ball fields may commence on March 1St and shall conclude on October 3151 of each year.
9. All food venders associated with the Applicant, its agents, and third party users of the facility shall not
be located within 100 -feet of the east property line as depicted on the site plan date stamped by the
City on March 4, 2019, or north of the northeast corner of the church facility.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no
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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."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
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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.
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
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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 Council 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. The gravel parking area located
on the east side of the building 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;
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
currently served by 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 ACHD and since the proposal is not expected to generate
any noise, smoke, fumes, glare or odors. Dust concerns have been addressed as conditioned
herein;
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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
1. Will not result in the destruction, Toss or damage of a natural, scenic or historic feature of
major importance, since none are apparent on this site.
2. 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.
3. Failure to comply with all provisions and any condition of approval of this conditional use permit
pertaining to the ball field use may result in a cornpliance hearing in front of the City Council at which
time the Council may add conditions to the permit or modify the existing permit to impact or disallow
ball field use for athletic activities.
DATED this 9th day of April, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Miranda Gold, t.uncil President
ATTEST:
—Shar
on K. Bergmann, Eagle City (tlerk
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within
fourteen (14) days of the final written decision.
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