Findings - PZ - 2000 - CU-9-00 - Constuct 3478' Additions At 62 N. Eagle Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR US WEST
COMMUNICATIONS BUILDING
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-9-00
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on August 14, 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:
U. S. West Communications, represented by Bob Smith with Hutchison Smith
Architects, is requesting conditional use approval to construct a 3,478-square foot
addition to the existing U. S. West Communications building. The site is located
on the southeast comer of Eagle Road and Idaho Street at 62 North Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 27, 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 July 28, 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 July 28, 2000. Requests for agencies'
reviews were transmitted on July 19, 2000 in accordance with the requirements of
the Eagle City Code.
D.
illS TORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: DR-37-00
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Central Business CBD (Central Business U. S. West
District District) Communications
Equipment Building
Proposed No Change No Change No Change
North of site Central Business CBD (Central Business Residential
District District)
South of site Central Business CBD (Central Business Smoky Mountain Pizza
District District) Company
East of site Central Business CBD (Central Business Residential
District District)
West of site Central Business CBD (Central Business Tates Rents
District District)
G.
DESIGN REVIEW OVERLA Y DISTRICT: DDA (Downtown Development Area).
H.
EXISTING SITE CHARACTERISTICS: There is an existing 3,477-square foot
equipment building and mature landscaping located on this site.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site AO-acres (17,359-square feet) 500-square feet (minimum)
Percentage of Site Devoted to 40% 92% (maximum)
Building Coverage 40% (minimum)
Percentage of Site Devoted to 14% 10% (minimum)
Landscaping
Number of Parking Spaces 16-parking spaces 10-parking spaces
Front Setback O-feet (addition) lO-feet (maximum)
I8-feet (existing building)
Rear Setback 57-feet O-feet (minimum)
South Side Setback O-feet O-feet
North Side Setback O-feet (to edge of sidewalk) O-feet
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building, U. S. West central switching office.
Height and Number of Stories of Proposed Buildings: 16-feet, one story.
Gross Floor Area of Proposed Buildings: 3,478-square feet proposed
3,477-square feet existing
On and Off-Site Circulation:
A 6,440-square foot (approx.) paved parking lot provides parking for vehicles
using this site. One 17-foot wide driveway is proposed to be located on the north
side of this site approximately 95-feet east of the southeast comer of the
intersection of Idaho Street and Eagle Road providing access to Idaho Street.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire
Department, and Eagle Sewer District have been received by the City. A water
service approval has not been received to date. Approval of the water company
having jurisdiction will be required prior to issuance of a building permit.
L.
PUBLIC USES PROPOSED: None.
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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 - 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
Central District Health
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBUC: 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
I.
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.
B.
COMPREHENSIVE PLAN PROVISIONS, WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL: (None)
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
. Design review application required.
.
Section 8-2A-6 (B)(3)(a)
Front building setbacks from the property line shall be a minimum of zero feet
(0') to a maximum of ten feet (10') or fifteen feet (15') at the comers.
DISCUSSION:
. The building addition meets Eagle City Code with respect to setbacks, however, the
existing portion of the building does not meet the 10-foot maximum front setback
requirement (existing front setback is 18-feet). Staff believes the area shown on the
site plan between the existing building and Eagle Road (the 18-foot front setback
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area) should remain open with and should be designed as a plaza/public gathering
area.
Further, staff believes that in this instance (due to this building's proximity to the
downtown) a large, useable plaza/public gathering area at this location holds a
higher standard than having the front of the building extended to within lO-feet of
the property line. The plaza area should be designed to include a combination of
features including hardscape, grass, trees, picnic tables and benches, art, etc. The
combination of these items will make this space a more desirable gathering area
from what is shown on the proposed site/landscape plan submitted with this
application. The details of the plaza area should be reviewed and approved by the
Design Review Board prior to issuance of any building permits for the site.
.
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 CBD zoning district since a Public Service
Facility is shown as needing approval of a conditional use permit in the
CBD 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 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;
D.
Will not be hazardous or disturbing to existing or future neighborhood
uses since adequate buffers will be installed between commercial and
residential uses per the requirements of Eagle City Code;
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
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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 since the public service agencies serving the site will be
required to approve the use and structure addition 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 Ada County Highway District; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since the only items that fit this
category are the exiting trees and if any of the existing trees are permitted
to be removed then they must be replaced with equivalent caliper
replacement trees as may be required by the Design Review Board.
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 below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (u.S. Communications Building Addition - Public Service Facility) is
approved. The property is subject to the conditions of design review.
2. Comply with the site specific conditions of approval and standard conditions of approval of
DR-37-00.
3. The plaza area (located between the existing building and Eagle Road) shall be designed to
include a combination of features including hardscape, grass, trees, picnic tables and benches,
art, etc. The details of the plaza area shall be reviewed and approved by the Design Review
Board prior to issuance of any building permits for the site.
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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August 14,2000, 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.
COMMISSION DECISION:
The Commission recommends approval (3 to 0, 1 absent) of CU-9-00 for a Conditional
Use Permit for construction of a 3,478 square foot addition to the US West
Communications building located at the southeast comer of Eagle Road and Idaho Street
at 62 North Eagle Road with the following site specific conditions and standard
conditions of approval;
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (US. Communications Building Addition - Public Service Facility) is
approved. The property is subject to the conditions of design review.
2. Comply with the site specific conditions of approval and standard conditions of approval of
DR-37-00.
3. The plaza area (located between the existing building and Eagle Road) shall be designed to
include a combination of features including hardscape, grass, trees, picnic tables and benches,
art, etc. The details of the plaza area shall be reviewed and approved by the Design Review
Board prior to issuance of any building permits for the site.
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.
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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
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
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10.
11.
12.
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.
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
(i.e.; 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 Council or Eagle City Pathway/Greenbelt
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20.
21.
22.
23.
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 of
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
17.
The applicant shall obtain approval of the development relative to its effects on wetlands
or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho
Department of Water Resources and/or any other agency having jurisdiction prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
18.
Basements in the flood plain are prohibited.
19.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all
applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes
unless specifically approved by the Commission and/or Council.
New plans, which incorporate any required changes, shall be submitted for staff approval.
Staff may elect to take those plans to the Design Review Board and/or the Planning and
Zoning Commission for review and approval.
Any changes to the plans and specifications upon which this approval is based, other than
those required by the above conditions, will require submittal of an application for
modification and approval of that application prior to commencing any change. Any
change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest submits application to the City of Eagle for a change to the planned
use of the subject property.
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).
The City's actions on the application does not grant the applicant any appropriation of
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water or interference with existing water rights. The applicant indemnifies and holds the
City harmless for any and all water rights, claims in any way associated with this
application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 27, 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 July 28,2000. 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 July 28, 2000.
Requests for agencies' reviews were transmitted on July 19, 2000 in accordance with the
requirements of the Eagle City Code.
3. The 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 states that a Public Service Facility may be
permitted in the CBD zone only 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 design is in keeping with the design
guidelines of the DDA overlay district, using decorative brick facades and
the building comer is designed to create a focal point of Eagle Road and
Idaho Streets.;
D.
Will not be hazardous or disturbing to existing or future neighborhood
uses since the building will not alter current use, will have minimal traffic
and parking will be screened;
E.
Will be served adequately by essential public facilities such as highways,
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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 the
single access driveway is an adequate distance from Eagle Road and does
not interfere with through traffic; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since none are apparent at this site.
DATED this 5th day of September, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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