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Findings - CC - 1999 - CU-6-99 - 25250 Sq Ft Expansion Of Existing Church ORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A CHURCH BUILDING EXPANSION FOR EAGLE CHURCH OF THE NAZARENE ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-6-99 The above-entitled conditional use application came before the Eagle City Council for their action on October 5, 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: Eagle Church of the Nazarene, represented by Randy Haverfield with Architecture Northwest, is requesting a conditional use permit for an 25,250-square foot expansion of the existing church. The site is located on the south side of State Street approximately %-mile west of Eagle Road at 1001 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 14, 1999. 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 July 28, 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 July 30, 1999. Requests for agencies' reviews were transmitted on July 15, 1999 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: DR-29-99 Page 1 of 13 K:\Planning DeptlEagle ApplicationsICU\1999\CU,O6,99 ccfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNATION Existing Medium Density R-4 (Residential) Church Residential Proposed No Change No Change No Change North of site Medium Density R-4 (Residential) Residential! Agricultural Residential South of site Medium Density R-4 (Residential) State Highway 44 Residential East of site Medium Density R-4 (Residential) Residential Residential West of site Medium Density R-4 (Residential) Residential Residential G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There is an existing ll,080-square foot building on the site with recreation fields to the east and south of the building. Page 2 of 13 K;\Planning Dept\Eagle Applications\CU\1999\CU,O6,99 ccfdoc 1. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 7.98-acres 0.18-acres (minimum) Percentage of Site Devoted to 8% 40% (maximum) Building Coverage Percentage of Site Devoted to 67% 10% (minimum) Landscaping Number of Parking Spaces 1 82-parking spaces l80-parking spaces Front Setback 220-feet 20-feet (minimum) Rear Setback 320-feet 2S-feet (minimum) Side Setback 7.S-feet 7.S-feet (minimum) Side Setback 200-feet 7.S-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building, church. Height and Number of Stories of Proposed Buildings: 26-feet high, two stories. Gross Floor Area of Proposed Buildings: First floor - l7,OSO-square feet, Second floor - 8,200-square feet. On and Off-Site Circulation: An 86,SOO-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 30-foot wide driveway is located approximately 30-feet west of the eastern property line and a 30-foot wide driveway is located 7S-feet east of the western property line to provide this site access to State Street. K. PUBLIC SERVICES AVAILABLE: Preliminary approval letters have been received by Central District Health, Eagle Fire District and Eagle Sewer District. L. PUBLIC USES PROPOSED: None. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Page 3 of 13 KlPlanning DeptlEagle ApplicationslCU\ I 9991CU,O6,99 ccfdoc ~~-~~--~ - Q. R. O. P. D. E. 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 - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required 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 Eagle Fire Department Eagle Sewer District LETTERS FROM THE PUBLIC: None to date. 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; Will not be hazardous or disturbing to existing or future neighborhood uses; Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer Page 4 of 13 K;IPlanning DeptlEagle Applicalions\CUlI999\CU-O6,99 ccfdoc 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. ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. B. C. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN 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. . Design review application required. DISCUSSION: . The applicant is requesting approval of a cross to be placed on the top of the building. Per Eagle City Code, the maximum height allowed for spires, poles, antennas, steeples, towers, etc. is 35-feet. The cross proposed with the church addition is 45- feet high (lO-feet higher than the maximum allowed by code). . 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 1" (required findings for approval of a conditional use), has made the following conclusions: The proposed conditional use: Page 5 of 13 KIPlanning DeptlEagle ApplicationsICU\1999ICU,O6,99 ccfdoc A. B. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8 for R-4 zoning since a Church is shown as needing approval of a conditional use permit in R-4 zoning district on the "Official Schedule of District Regulations" chart of that section; 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 not only be required to meet the conditions noted herein but will also be required to meet the City's design review requirements; D. Will not be hazardous or disturbing to existing or future neighborhood uses since adequate buffers will be required with the design review application for this site; 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 responses received by agencies providing the public services or as conditioned herein; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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 existing trees are proposed to be retained and since no scenic or historic feature is apparent on this site. Page 6 of 13 K:\Planning DeptlEagle ApplicarionslCU\ 1 999ICU,06,99 ccf.doc ST AFF 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 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 August 16, 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 (not including the applicant and their representative). D. Oral testimony neither in favor nor against this proposal was presented to the Planning and Zoning Commission by one (1) individual with questions regarding the overall building height and the building's west side setback. COMMISSION DECISION: The Commission voted 4-0 (Brinton absent) to recommend approval for the conditional use permit for a 25,250 sq. ft. church building addition with a cross to be placed on top of the building (not to exceed 45-feet high) for Eagle Church of the Nazarene with the site specific and standard conditions of approval within the Commission's Findings of Fact and Conclusions of Law document dated September 7, 1999. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the Eagle City Council on October 5, 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 no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4-0 to approve CU-6-99 for a 25,250 sq. ft. church building addition with a cross to be placed on top of the building (not to exceed 45-feet high) for Eagle Church of the Nazarene, represented by Randy Haverfield with Architecture Northwest, with the following site specific and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: Page 7 of 13 KIPlanning DeptlEagle ApplicationsICU\1999ICU,O6-99 ccf.doc 1. Only the use (church facility expansion) is approved. conditions of design review. The property is subject to the 2. Any portion of the cross above 35-feet shall be reviewed and approved by the Design Review Board to assure that no negative visual impacts are imposed on surrounding properties (ie. glare, visual obstruction). STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond Page 8 of 13 K\Planning DeptlEagle Applications\CUlI999\CU,O6,99 ccfdoc 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. 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 0 f 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 Page 9 of 13 KIPlanning DeptlEagle ApplicationsICU\1999ICU,06-99 ccfdoc 13. 14. 15. 16. 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. 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. 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 Page 10 of 13 K:IPlanning DeptlEagle ApplicationsICUlI999\CU-O6,99 ccfdoc 20. 21. 22. 23. 24. 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 confirmation 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 July 14, 1999. 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 July 28, 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 July 30, 1999. Requests for agencies' reviews were transmitted on July 15, 1999 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 September 15, 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 September 20, 1999. 3. The Council has reviewed the particular facts and circumstances of this proposed conditional Page 11 of 13 K:\Planning DeptlEagle ApplicationslCU\ I 999ICU,O6-99 ccfdoc 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. B. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8 for R-4 zoning since a Church is shown as needing approval of a conditional use permit in R-4 zoning district on the "Official Schedule of District Regulations" chart of that section; 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 not only be required to meet the conditions noted herein but will also be required to meet the City's design review requirements; D. Will not be hazardous or disturbing to existing or future neighborhood uses since adequate buffers will be required with the design review application for this site; 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 responses received by agencies providing the public services or as conditioned herein; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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 as conditioned herein; 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 Page 12 of 13 K:\Planning DeptlEagle Applicarions\CU\ I 999\CU,O6,99 ccf-doc 1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since the existing trees are proposed to be retained and since no scenic or historic feature is apparent on this site. DATED this 26th day of October, 1999. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Rick Y zag~ ATTEST: ..~U~f1o-~ ;?rØ 0 r .Eo(' ...... 1'1'+ ..\~ &!.~ ," -'" !II' ~ '\. ",,<:-$"It.It.. . 'Í"..;.",;' ;f ~", tP" "'-",. <,' ',~. ; (.j /' ...120:147',"', '\ :: ~. o~ .('.J ':\ -~: _t{ ~ v .,,'"0 ""'" " ~: .... .. ~I ,,"" "'~ l ":: \};;~~;~:~::.\ .' }/! "......, «,.{ .' - . .' #.~'".¡..;vJf'" J fl <H--<a - ~ ~~ '-§harOltMoore, Eagle City Cle k Page 13 of 13 K:IPlanning DeptlEagJe Application,ICU\ I 999ICU,O6,99 ccfdoc