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Findings - PZ - 2000 - CU-8-99 - 48' Tower/Architectural Feature For Community Center/Two Rivers Subd #1 BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR) A CONDITIONAL USE PERMIT FOR A 48-FOOT ) HIGH ARCmTECTURAL TOWER FOR DENNIS) M. BAKER & ASSOCIATES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-8-99 The above-entitled conditional use application came before the Eagle Planning and Zoning Commission for their recommendation on February 7, 2000. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Dennis M, Baker & Associates, represented by Dan Torfin, is requesting conditional use approval for a 48-foot high tower which acts as an architectural feature for the Community Center within Two Rivers Subdivision No.1 (formally Quarter Circle Ranch). The site is located on the west side of Eagle Road approximately %-mile south of State Highway 44 at 1501 S. Eagle Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on December 16, 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 January 21, 2000. 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 21, 2000. Requests for agencies' reviews were transmitted on December 17, 1999 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: DR-50-99 Page 1 of 11 \\EAGLENTIICOMMON\Planning DepllEagle ApplicationsICU\I999ICU-8-99 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: CaMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (2-units R-2-P (Residential PUD) Agricultural land per acre max.) Proposed No Change No Change Residences North of site Residential Two (2-units A (Agricultural) Agricultural land per acre max.) South of site Residential Two (2-units A (Agricultural), R-2 Residences, commercial per acre max.) (Residential), and C-2 business, and vacant land (Commercial) East of site Residential Two (2-units R-2-P (Residential) Residences and vacant per acre max.) land West of site Residential Two (2-units A (Agricultural) and A-R Residences and per acre max.) (Agricultural-Residential) Agricultural land G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There is an existing residence on the site that is proposed to be removed. Approximately 27-coniferous trees are located on the west side of the proposed parking lot. The trees are proposed to be retained. Page 2 of 11 \IEAGLENTIICOMMON\Planning DeptlEagle ApplicalionsICUl1999ICU-8-99 pzf,doc 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 47. 92-acres N/A Percentage of Site Devoted to Less than 1 % 40% (maximum) Building Coverage Percentage of Site Devoted to 40% 10% (minimum) Landscaping Number of Parking Spaces 33-parking spaces 33-parking spaces (per conditions of Design Review) Front Setback 310- feet 30-feet (minimum) Rear Setback 220-feet 25-feet (minimum) Side Setback 40-feet 7.5-feet (minimum) Side Setback 180- feet 7.5-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One community center building is proposed to be used for homeowners activities. Height and Number of Stories of Proposed Buildings: Community center building - 31-feet high with a 48-foot high architectural tower, single story with 2nd floor balcony on the east side of the building. Gross Floor Area of Proposed Buildings: Entire Community center building - 3,024-square feet. Architectural tower portion only - approximately ISO-square feet (5% of the size of the entire building). On and Off-Site Circulation: A 9850-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 50-foot wide driveway separated by a 10- foot wide landscape island is proposed to be located on the north side of this site approximately 200-feet east of the "T" intersection providing access to West Island Woods Drive. K. PUBLIC SERVICES AVAILABLE: Preliminary approval letters were received from public service providers at the time Quarter Circle Ranch Planned Unit Development was reviewed by the City. L. PUBLIC USES PROPOSED: The clubhouse is to be used by members of the homeowners association for gatherings and meetings. The applicant is proposing a swimming pool, basketball/sports court, Page 3 of 11 \IEAGLENTlICOMMON\Planning DeptlEagle ApplicationsICU\1999\CU-S-99 pzrdoc tennis court and a tot lot. The proposed hours of operation are 10:00 AM to 8:00 PM. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - yes (500-year) 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: 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 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 Page 4 of 11 IIEAGLENTl\COMMON\Planning DeptlEagle Applications\CUI I 999\CU-8-99 pzfdoc --'--'-~--, '-'---.._--,-, ,-,_u 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. E. 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. DISCUSSION: . Per ECC, the maximum height allowed for spires, poles, antennas, steeples, towers, etc. is 35-feet unless a conditional use permit is approved by the City Council. The architectural tower proposed with the Two Rivers community center is 48-feet high (13-feet higher than the maximum allowed by code). Staff believes that the tower provides an interesting architectural height element to the community center building without overwhelming the surrounding landscape. The "footprint" size of the community center is 3,024 square feet. The "footprint" size of the tower is approximately 150-square feet, which is only 5% of the entire size of the building. Other than containing a portion of the stairway that will provide access to the balcony on the east side of the building, the tower is not intended for occupancy, . 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 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 Page 5 of 11 I\EAGLENTI\COMMONIPlanning DeptlEagle Applications\CUlI999\CU-S.99 pzrdoc ,---- "'~--------"----' H. 1. 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 hannonious 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 heavily landscaped and since no others structures above 35-feet are proposed in this vicinity; 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; 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 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 preliminary development plan/preliminary plat/conditional use pennit applications for the site (Quarter Circle Ranch PUD) and has detennined that, other than the existing trees, no natural, scenic or historic feature of major importance is existing on the site. ST AFF 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 ----,..~-_..,----- , Page 6 of 11 \\EAGLENT I \COMMON\Planning Dept\Eagle ApplicationsICU\1999ICU-S-99 pzrdoc ..,- ,-" --'-- ---'----'--- February 7, 2000, 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). The applicant testified that the tower is for architectural purposes only, it is not the intention of the applicant to use the tower for storage space, office space, or other human habitation uses other than periodic maintenance. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval for the conditional use permit for a 48- foot high architectural tower for the community center at Two Rivers Subdivision No.1 for Dennis M. Baker & Associates with the following conditions. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with the conditions ofDR-50-99 and RZ-IO-98/CU-9-98/PPUD-2-98/PP-8-98. 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 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 Page 7 of 11 llEAGLENT11COMMONIPIanning DeptlEagle ApplicationslCU\ 1 999ICU-g-99 pzfdoc 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 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. 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 Page 8 of 11 lIEAGLENTl\COMMONlPlanning DeptlEagle ApplicationsICUlI999\CU-S-99 pzfdoc 20. 21. 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. 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 ofthe 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. Page 9 of 11 I\EAGLENTIICOMMON\Planning DeptlEagle ApplicationsICU\L999ICU-8-99 pzf.doc 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. 22. No change in the tenns 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. 23. 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). 24. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on December 16, 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 January 21,2000. 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 21,2000. Requests for agencies' reviews were transmitted on December 17, 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 tenns 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 pennitted if a conditional use pennit is approved by the City Council; B. Will be hannonious 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 hannonious 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 tower is proposed to be setback from Eagle Road approximately 835- feet, since the tower is proposed to be constructed out of materials that are compatible with the building materials proposed for the Two Rivers Subdivision Community Center which are consistent with residential building materials used Page 10 of 11 \IEAGLENTI \COMMONlPlanning DeptlEagle Applications\CUI 1999\CU-8-99 pzfdoc H. 1. in the general area, and 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 tower is not intended for human occupancy, since the area surrounding the proposed tower is heavily landscaped, since the building materials proposed for the tower are compatible with surrounding residences, and since no others structures above 35-feet are proposed in this vicinity; 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; 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 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 preliminary development plan/preliminary plat/conditional use pennit applications for the site (Quarter Circle Ranch PUD) and has detennined that, other than the existing trees, no natural, scenic or historic feature of major importance is existing on the site. DATED this 28th day of February, 2000. ATTEST: ",.~~U.ui!-~.!""lf' ~. > (j r T~' ~ +~ ~' ..:{,) - L,.(,~ {'\' ""'... cf A '" ~".'" '-7;;'1' \,\ ~ ",-v,," '," "",~, .. tl (], <}', ,,>' .' $ .,;l' "'7,,1 0 R/~ J' ,"" ~ .. !.'""l." <J";' 1. f~ +d <>"""00 ' "!r $ t. "é~',:':"'~':'" it ;. t" '." .. '.J.' , ,': ... 1" " ':>: (', "." " ." ,~. \~ '" ,; ,) v~.:v::c /;,>' v-c"""-,,..,>-- - ,-- -'---, Page 11 of 11 llEAGLENTI \COMMONIPlanning DeptlEagle ApplicationslCU\ I 999\CU-S-99 pzfdoc