Findings - PZ - 2000 - CU-3-00 - Two 41.5' Entry Features To Screen Roof-Top Mechanical Units/599 S Riversho
D.
E.
OR\G\NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR TWO 41.5- )
FOOT HIGH ARCHITECTURAL BUILDING )
ENTRY FEATURES FOR DENNIS M. BAKER & )
ASSOCIA TES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-3-00
The above-entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on May 15, 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 two 41.5-foot high building entry features which are proposed for the
screening of the roof-top mechanical units. The site is located on the west side of South
Rivershore Lane within Channel Center Subdivision at 599 South Rivershore Lane.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 13, 2000.
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 April 27, 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 April 28, 2000. Requests for agencies' reviews were transmitted on April 14,
2000, in accordance with the requirements of the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: DR-20-00
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Commercial C-l (Neighborhood Business Vacant
District)
Proposed No Change No Change Two Office Buildings
North of site Commercial C-l (Neighborhood Business Montessori School
District)
South of site Commercial C-l (Neighborhood Business Vacant
District)
East of site Commercial C-l (Neighborhood Business Two Retail Buildings
District)
West of site Boise River/ Residential A (Agricultural) Boise River/ Agricultural
Two
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
This site is within Channel Center Commercial Subdivision. There are several existing
trees located on the site. All of the trees are proposed to be retained, however, four of the
existing trees are proposed to be relocated within the site.
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--._-- ----- - ----._- ---------- ---.-
I.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site S.07-acres (220,91 I-square feet) 2,000-square feet (minimum)
Percentage of Site Devoted to 13% (approx.) SO% (maximum)
Building Coverage
Percentage of Site Devoted to 31 % (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 206-parking spaces 184-parking spaces
Front Setback 170-feet (approx.) Bldg. 1 IS-feet (minimum)
60-feet (approx.) Bldg. 2 (Per Plat Condition)
Rear Setback 51-feet (approx.) both Bldg.'s SO-feet (minimum) (Per Plat
Condition - setback from
ordinary high waterline)
Side Setback 340-feet (approx.) Bldg. 1 O-feet (minimum)
(measured to the north)
Side Setback 120-feet (approx.) Bldg. 2 O-feet (minimum)
(measured to the south)
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two buildings, Office.
Height and Number of Stories of Proposed Buildings: Parapet height: 32-feet, Accent Element
Peak: 41-feet, 6-inches; two stories.
Gross Floor Area of Proposed Buildings: 29,800-square feet
On and Off-Site Circulation:
A 38,700-square foot (approx.) paved parking lot provides parking for vehicles using this
site. Access to the site is provided by three driveways located on the north side of South
Rivershore Lane.
K.
PUBLIC SERVICES A V AILABLE: None
L.
PUBLIC USES PROPOSED:
A lO-foot wide pedestrian easement and pathway provides pedestrian access to the Boise
River through this site.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
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Areas of Critical Environmental Concern - An environmental assessment plan was previously
completed for the entire subdivision site.
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - yes
Riparian Vegetation - unknown
Steep Slopes - no
Stream/Creek - yes - Boise River
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. This plan was provided as a part of the Channel Center Subdivision application.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Central District Health Department
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 CommissionlCouncil 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 fIfe protection, drainage structures, refuse disposal, water and sewer and schools; or
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that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
TillS 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.
E.
DISCUSSION:
.
Per ECC, the maximum height allowed for spires, poles, antennas, steeples, towers, etc. is 3S-
feet unless a conditional use permit is approved by the City Council. The architectural accent
element peaks used to screen the roof-top mechanical units for the two, two-story office
buildings proposed within Channel Center Subdivision are proposed to be 41.S-feet high (6.S-
feet higher than the maximum allowed by code).
STAFF 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 May IS,
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.
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6.
7.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant).
COMMISSION DECISION:
The Commission voted 4 to 0 (Bloom Absent) to recommend approval of the conditional use
permit for two 41.5-foot high architectural building entry features for the screening of roof-top
mechanical units for two proposed office buildings within Channel Center Commercial
Subdivision for Dennis M. Baker & Associates with the following conditions.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions ofDR-20-00.
2. The architecture of the two buildings with the 41.5-foot high building entry features shall be
generally as shown on Exhibit "A" which incorporated into these findings by reference.
3. The portion of the buildings which are approved to exceed 35-feet in height (building entry
features only) shall be a maximum of 41.5-feet high.
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 fIfSt.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required pnor
issuance of any building permits or Certificate of Occupancy, whichever occurs fIfSt.
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 fIfSt.
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 fIfSt.
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 fIfSt.
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.
The applicant shall submit plans and calculations prepared by a registered professional engineer to
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11.
12.
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 flfSt.
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 flfSt. 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 flfSt 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 flfSt.
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 flfSt. 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 flfSt.
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.
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
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20.
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs fIfSt. 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 fIfe 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, I,SOO gallons per minute for dwellings having a fIfe area in excess of 3,600
square feet, and I,SOO 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 fIfSt.
The proposed fIfe 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 fIfSt.
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 fIfSt.
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 fIfSt.
IS.
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 fIfSt.
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 fIfSt.
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 flfSt.
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.
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21.
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 submits application to the City of Eagle
for a change to the planned use of the subject property.
22.
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 April 13, 2000.
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 April 27, 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 April 28, 2000. Requests for agencies' reviews were
transmitted on April 14, 2000, 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;
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 building
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 architectural building features are proposed to be setback from Eagle
Road approximately 500-feet, since the buildings are proposed to be constructed
out of materials that are compatible with the residential and commercial building
materials used in the general area and are consistent with turn of the century
architecture, and since the development will be required to meet the City's design
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I.
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, since the building
materials proposed for the entry features are compatible with surrounding building
architecture;
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
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since, other than existing trees which will be
preserved, none are apparent at this site.
DATED this Sth day of June, 2000.
ND ZONING COMMISSION
OF EAGLE
aho
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