Findings - PZ - 1999 - CU-7-99 - 4,600 Sq Ft Expansion Of Existing Church/651 N Eagle Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A CHURCH
BUILDING EXPANSION FOR EAGLE UNITED
METHODIST CHURCH
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU- 7-99
The above-entitled conditional use application came before the Eagle Planning and Zoning
Commission for their recommendation on September 7, 1999. The Eagle Planning and Zoning
Commission having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
B.
PROJECT SUMMARY:
Eagle United Methodist Church, represented by Bruce Poe with Cole Associates,
is requesting a conditional use permit for a 4,600-square foot expansion of the
existing church. The 5.5-acre site is located on the west side of Eagle Road
approximately Y2-mile north of State Street at 651 N. Eagle Road.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 6, 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 August 18, 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 August 23, 1999. Requests for agencies'
reviews were transmitted on August 7, 1999 in accordance with the requirements
of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 23, 1990, the Eagle City Council approved a conditional use permit
for the existing church building. On February 9, 1993, the Council approved a
conditional use permit for a daycare center within the church. On November 14,
1995, the Council approved a conditional use permit for a temporary portable
building for Sunday school rooms.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Medium Density R-4 (Residential) Church
Residential (4-units per
acre maximum)
Proposed No Change No Change Church building addition
North of site Medium Density R-4 (Residential) Residence/Agriculture
Residential (4-units per
acre maximum)
South of site Medium Density R-4 (Residential)/ PS Eagle Elementary School
Residential (4-units per (Public/Semi-Public)
acre maximum)
East of site Medium Density R-4 & R-9 (Residential) Residences
Residential (4-units per
acre maximum) and
Mixed Use
West of site Medium Density R-4 (Residential) Agriculture
Residential (4-units per
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The Eagle United Methodist Church, parking lot and mature landscaping are
existing on the site.
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1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 5.5-acres 0.18-acres (8,000 sq. ft.)
Percentage of Site Devoted to 3% 40% (maximum)
Building Coverage
Percentage of Site Devoted to Greater than 10% - to be 10% (minimum)
Landscaping reviewed with design
reVIew
Number of Parking Spaces 85-spaces 52-spaces
Front Setback (east) 84-feet (approx.) 20-feet (minimum)
Rear Setback (west) 102- feet (approx.) 25-feet (minimum)
Side Setback (south) 177-feet (approx.) 7.5-feet(rninirnurn)
Side Setback (north) 218- feet (approx.) 20-feet (minimum)
1.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building, church.
Height and Number of Stories of Proposed Buildings:
32-feet high, two stories (west end).
Gross Floor Area of Proposed Buildings:
First floor - 2,300-square feet, Second floor - 2,300-square feet.
On and Off-Site Circulation:
A 32,100-square foot (approx.) paved parking lot provides parking for vehicles
using this site. One 24-foot wide driveway located on the northern portion of the
parking lot provides this site access to the existing 30-foot wide driveway that
accesses Eagle Road.
The future Ranch Drive roadway extension, proposed to extend from Eagle Road
to Cobblestone Lane, is proposed to cross this site in approximately the same
location as the existing driveway.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters have been received by Central District Health, Eagle
Fire District and Eagle Sewer District.
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L.
M.
N.
PUBLIC USES PROPOSED: None
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 - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
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 - draft
Central District Health
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 (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
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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 WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The City's existing network of roadways represents only a portion ofthe system
needed to serve future growth and development. As the City continues to experience
growth, population will increase as the number of vehicles using the transportation
system will increase. In addition to adding new streets and roadways, modifications to
the existing routes will be necessary in order to create a fully integrated, modern,
efficient transportation system that will effectively serve the residents of the City, the
business community and the traveling public.
.
POLICIES AND GOALS
The City shall become involved in any regional or long range planning process for
transportation that impacts the City.
.
To require that new developments within the City or Impact Area provide a traffic
impact study to the City. These studies shall include, but not be limited to, potential
impacts to existing traffic patterns, suggested roadway widths, access to existing &
proposed roadways, signalization, location and need for intersections, turn lanes, and
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bus stops. In addition the traffic impact study should address parking and pedestrian
traffic. Implementation of any traffic requirements by the City shall be dependent
upon approval from the Ada County Highway District (ACHD) and/or the Idaho
Transportation Department (ITD). No developments will be permitted to start until all
approvals have been obtained.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Design review application required.
c.
DISCUSSION:
.
With regard to the extension of Ranch Drive across the northern portion of this site,
the Eagle City Council recently approved Clear Creek Crossing Subdivision to the
northwest of this site and as a condition of approval the developer was required to
provide a stub street to the east (connecting to this site) for a future residential
collector (public road) to connect to Eagle Road at Ranch Drive. The Clear Creek
developer was also required to provide a stub street to the south so the residential
collector could allow for a circuitous connection between Eagle Road and State Street
as development occurs in the area.
The installation of the road between the stub street to the west of this site and Eagle
Road should occur with the re-development of this site so as to provide for a future
vehicular and pedestrian connection between Eagle Road and State Street. The
applicant should be required to construct the road along the northern portion of this
site per ACHD minimum standards for a residential collector.
.
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
Eagle City Code Title 8 for the R-4 zoning district since a church and day
care center is shown as needing approval of a conditional use permit in the
R-4 zoning district on the "Official Schedule of District Regulations" chart
of that section;
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, since a portion of the Ranch Drive extension will be
required to be installed along the northern portion of this site so as to
provide for a secondary vehicular and pedestrian connection between
Eagle Road and State Street, and since the development will be required to
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c.
D.
meet conditions of a design review application;
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 City's design review requirements, but will also be required to
meet the requirements noted herein;
Will not be hazardous or disturbing to existing or future neighborhood
uses since the building is proposed to be set back from any property line a
minimum of 85-feet;
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.
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 public service agencies serving the site will be
required to approve the use and structure(s) prior to the City issuing any
building permits and since no complaints have been received by the City
regarding the use at this location;
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 required by the City and the Ada County Highway District; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since none are apparent on this site.
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
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September 7, 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).
COMMISSION DECISION:
The Commission voted 4-0 (Wilson absent) to recommend approval for the conditional
use permit for a 4,600 sq. ft. church building addition for Eagle United Methodist Church
with the following site specific and standard conditions of approval. Text shown with
strike-thru was deleted from staffs recommendations and text shown with underline was
added to staffs recommendations.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Constrnet the roaœ1ta)' alODg the Dorthem fJartioD af this site sa as to fJra'lÍde far a future
vehie\:llar aad pedestrian eaooeetiaD betweeD Eagle Røaà aRà State Street. SfJeeifie laeation
and eoDstruetian details for the raatlway shall meet "\CHD minimum requiremøftts. Provide
documentation to the City of Eagle showing who and how Ranch Drive will be constructed
along the northern portion of this site prior to issuance of any building permits.
2. Only the use (church and day care center) is approved. The property is subject to the
conditions of design review.
3. The temporary portable classroom building shall be removed from the site prior to issuance
of any occupancy permits.
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
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5.
6.
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.
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.
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 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
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10.
11.
12.
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.
The applicant shall pay applicable street light inspection fees prior to Certificate of
Occupancy.
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.
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.
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.
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21.
22.
23.
24.
14.
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.
15.
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.
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.
20.
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 ofthe 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
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,..- -.. .._,- ..,-----,------,-",--_.._,
Planning and Zoning Commission approval date).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 6, 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 August 18, 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 August
23, 1999. Requests for agencies' reviews were transmitted on August 7, 1999 in accordance
with the requirements of the Eagle City Code.
3. The Planning and Zoning Commission 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;
D.
E.
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of
Eagle City Code Title 8 for the R-4 zoning district since a church and day
care center is shown as needing approval of a conditional use permit in the
R-4 zoning district on the "Official Schedule of District Regulations" chart
of that section;
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, since a portion of the Ranch Drive extension will be
required to be installed along the northern portion of this site so as to
provide for a secondary vehicular and pedestrian connection between
Eagle Road and State Street, 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 City's design review requirements, but will also be required to
meet the requirements noted herein;
Will not be hazardous or disturbing to existing or future neighborhood
uses since the building is proposed to be set back from any property line a
minimum of 85-feet;
Will be served adequately by essential public facilities such as highways,
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H.
1.
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.
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 public service agencies serving the site will be
required to approve the use and structure(s) prior to the City issuing any
building permits and since no complaints have been received by the City
regarding the use at this location;
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;
Will have vehicular approaches to the property which are designed as not
to create an interference with traffic on surrounding public thoroughfares
as required by the City and the Ada County Highway District; and
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since none are apparent on this site.
DATED this 20th day of September, 1999.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
ounty, Idaho
ATTEST:
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