Findings - CC - 1998 - CU-8-98 - 42' Training Tower To Be Attached To The Fire Stat
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR A 50-FOOT)
HIGH TRAINING TOWER FOR EAGLE FIRE )
DEPARTMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-8-98
The above-entitled conditional use application came before the Eagle City Council for their action on
March 9, 1999. 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:
Dan Friend, represented by Rocky Towle with Design Resources, is requesting
conditional use approval for a 50-foot high training tower to be attached to the fire
station. The .54-acre site is located on the south side ofW. State Street approximately
400-feet west of Eagle Road at 149 W. State Street.
Note: Prior to the City Council meeting for this item, the applicant changed the
requested maximum tower height from 50-feet to 42-feet.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 16,1998.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on January 13, 1999. 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 15, 1999. Requests for agencies' reviews were
transmitted on December 18, 1998 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 17, 1999. 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 February
19, 1999.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 10, 1998, the Design Review Board approved the design review
application (DR-33-98) for a 3,565 sq. ft. addition to the existing Eagle Fire Department
building. The addition includes a 50-foot high training tower which exceeds the 35-foot
high maximum building height allowed in the Central Business District.
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E.
COMPANION APPLICATIONS: DR-33-98 & V-3-98
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Eagle Fire Station
District)
Proposed No change No change Office & tower addition
North of site Central Business District CBD (Central Business Commercial business
District)
South of site Central Business District R-4 (Medium Density Residence
Residential)
East of site Central Business District CBD (Central Business Commercial Business
District)
West of site Central Business District CBD (Central Business Proposed medical clinic
District)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the IDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
With the exception of the existing trees, staff is not aware of any significant existing site
characteristics.
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1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQ UIRED
Total Acreage of Site 0.54-acres O.OI-acre (500 sq. ft.)
(minimum)
Percentage of Site Devoted to 41.6% 20% (minimum)
Building Coverage 85% (maximum)
Percentage of Site Devoted to 11.5% 10% (minimum)
Landscaping
Number of Parking Spaces 17 *** 39
Front Setback 51-feet 51- feet (per City approval of a
variance)
Rear Setback 2- feet (existing building) 2-feet and 8.5-feet (per City
8.5-feet (addition) approval of a variance)
Side Setback 11.5-feet 11.5-feet (per City approval of
a variance)
Side Setback 9-feet lO-feet (maximum)
*** Total of 39 spaces with 13 spaces for all floor area excluding training room (includes bays,
offices, bedrooms, kitchen, etc.) and 26 spaces for training room based upon the number of
chairs (104) that could be accommodated by the size of the room (per Eagle City Code). The
resulting number of chairs for the training room is consistent with the attached Statesman article
dated March 16, 1998.
Per Eagle City Code the Zoning Administrator can reduce the number by 20%, which would be
to 31 spaces, any additional reduction needs City Council approval of a Conditional Use permit
per ECC 8-4-4-3 (A) (7)
Note: The City approved a variance (V -3-98) to decrease the required setbacks as noted in the
above chart.
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building addition to be used as office and training area.
Height and Number of Stories of Proposed Buildings:
The roof line of the main building is 20.5-feet high, one story. The training tower is
proposed to be 51-feet high.
Note: Prior to the City Council meeting for this item, the applicant changed the
requested maximum tower height from 50-feet to 42-feet.
Gross Floor Area of Proposed Buildings: 3,565 sq. ft. (addition only)
On and Off-Site Circulation:
A 4,600 sq. ft. (approx.) paved parking lot provides parking for vehicles using this site.
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K.
N.
One 22-foot wide driveway is proposed to be located on the east side of this site (Park
Road) approximately 45-feet south of State Street and one 73-foot wide driveway is
proposed to be located on the north side of the site (State Street) approximately 90-feet
west of the southwest comer of State Street and Park Road.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire
Department, Eagle Sewer District have been received by the City. A water service
approval has not been received to date. Approval of the water company having
jurisdiction will be required prior to issuance of a building permit.
L.
PUBLIC USES PROPOSED: Eagle Fire Department
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title
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(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
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature
of major importance.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A.
B.
C.
SPECIAL CONCERN
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF
REGARDING THIS PROPOSAL: (None)
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and any
other such structures shall be limited to a maximum of thirty five feet (35'). Additional
height may be permitted if a conditional use permit is approved by the City Council.
DISCUSSION:
.
Per ECC, the maximum height allowed for spires, poles, antennas, steeples, towers, etc. is
35-feet. The training tower proposed with the fire department addition is 51-feet high (16-
feet higher than the maximum allowed by code).
Note: Prior to the City Council meeting for this item, the applicant changed the requested
maximum tower height from 50-feet to 42- feet.
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STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT:
Based upon the infonnation provided to staff to date, staff recommends approval with the site
specific conditions of approval and the 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
February 1, 1999, 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 this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
no one.
COMMISSION DECISION:
The Commission recommended approval (2 to 1 - Farnworth against) (Moser and Trent
abstained) for the conditional use pennit for a 50-foot high training tower to be attached to the
fire station for Eagle Fire Department with the site specific and standard conditions of approval
within the Commission's Findings of Fact and Conclusions of Law document dated February 16,
1999.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on March 9, 1999, at
which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual who
felt that the fire department needs to be trained.
COUNCIL DECISION:
The Council voted 3-0 (Guerber abstained) to approve CU-8-98 for a conditional use pennit for a
42-foot high training tower to be attached to the fire station for Eagle Fire Department with the
following site specific and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions ofDR-33-98 and V-3-98.
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 pennits or Certificate
of Occupancy, whichever occurs first.
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2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required
prior issuance of any building pennits or Certificate of Occupancy, whichever occurs first.
3.
All pennits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building pennit 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 pennits or Certificate of Occupancy, whichever occurs first.
5.
Unless septic tanks are pennitted, 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 pennits 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 pennits 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 stonn 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 pennits 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 perfonnance bond shall be submitted to
the City Clerk, prior to issuance of any building pennits 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 stonn drain disposal system shall be complete before an occupancy pennit 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 pennits or Certificate of Occupancy, whichever occurs first.
9.
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 pennits or Certificate of
Occupancy, whichever occurs first. All construction shall comply with the City's specifications
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14.
15.
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.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10.
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.
11.
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.
12.
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. "
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..
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 (ie; 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.
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.
b.
c.
d.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Councilor 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.
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.
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.
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20.
21.
22.
23.
24.
16.
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.
17.
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.
18.
Basements in the flood plain are prohibited.
19.
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.
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.
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.
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.
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
confinnation of any change from the City of Eagle.
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).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 16, 1998.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on January 13, 1999. 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 15, 1999. Requests for agencies' reviews
were transmitted on December 18, 1998 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
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for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 17,
1999. 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 February 19, 1999.
3. The City Council 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 Eagle City
Code Title 8 as referenced "as otherwise provided within this Code" since Eagle City
Code Section 8-2A-6 (A)(7)(a) states in part that additional tower height above 35-feet
may be permitted if a conditional use permit is approved by the City Council;
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 the
development will be required to meet conditions of a design review application;
c.
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity
and that such use will not change the essential character of the same area since the
development will be required to meet the City's design review requirements;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since the
area surrounding the proposed tower is planned for commercial 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 as noted is responses received by
agencies providing the public 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 as are to be approved by
the highway district having jurisdiction; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature
of major importance since the City has already approved a design review application for
the site and has determined that, other than the existing trees, no natural, scenic or
historic feature of major importance is existing on the site.
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DATED this 23rd day of March, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada C ty, Idaho
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