Findings - PZ - 2000 - CU-19-00 - 44' Training Tower At New Station/966 East Iron Eagle Drive
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BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A 44-FOOT
HIGH TRAINING TOWER FOR EAGLE FIRE
DEPARTMENT
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)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -19-00
The above-entitled conditional use application came before the Eagle Planning and Zoning
Commission for their recommendation on January 2, 2001. 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:
Eagle Fire Protection District, represented by Larry R. Knopp, is requesting
conditional use approval to install a 44-foot high training tower at the site of their
proposed Fire Station. The site is located on the south east comer of Iron Eagle
Drive and Plaza Drive within the Rocky Mountain Business Park at 966 East Iron
Eagle Drive (Lot 1, Block 4 of Merrill Subdivision #2).
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 9,
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 December 16, 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 December 13, 2000. Requests
for agencies' reviews were transmitted on November 13, 2000, in accordance with
the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: DR-69-00
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Mixed Use MU (Mixed Use) Vacant
Proposed No Change No Change Eagle Fire Station with
Training Tower
North of site Commercial C-2 (General Business Proposed Retail Center
District)
South of site Mixed Use MU (Mixed Use) Rocky Mountain
Business Park
East of site Mixed Use MU (Mixed Use) Rocky Mountain
Business Park
West of site Mixed Use MU (Mixed Use) Rocky Mountain
Business Park
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
This site is located within Rocky Mountain Business Park. Landscaping and
sidewalks for the entire commercial subdivision are currently under construction.
Several buildings with varying uses are currently occupied within the
development.
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I.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1.55-acres (67,518-square feet) 7,000-square feet (minimum)
Percentage of Site Devoted to 31% (approx.) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 31% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 43-parking spaces 43-parking spaces
Front Setback 20-feet 20-feet (minimum)
Rear Setback 32-feet 20-feet (minimum)
Side Setback 50-feet (east) 7.5-feet (minimum)
Street Side Setback 17 -feet 7.S-feet (minimum)
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
There is to be one building including office, classrooms, training room, dormitory
area, storage and bays for enclosed parking for fire engines.
Height and Number of Stories of Proposed Buildings:
The building is to be one story with a height of 29-feet. The training tower is to
be 44-feet in height.
Gross Floor Area of Proposed Buildings: 21,408-square feet
On and Off-Site Circulation:
A 30,800-square foot (approx.) paved parking lot (with driveway aisles) provides
parking for vehicles using this site. Driveways located on Plaza Drive and E. Iron
Eagle Drive provide access to the site
K.
PUBLIC SERVICES A V AILABLE: Proposed Fire Station
L.
PUBLIC USES PROPOSED: None
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 - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes - no
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.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
City Engineer
Ada County Highway District
Central District Health Department
Department of Environmental Quality
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
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.
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:
.
The Rocky Mountain Business Park PUD allows for those uses shown as conditional
uses within a Mixed Use zoning designation to be considered as permitted uses and
therefore require only a design review application. Because the Eagle Fire District
proposed the training tower to be in excess of that which is allowed by Eagle City
Code (tower is to be 44-feet high, 9-feet higher than the 35-foot maximum), a
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conditional use application is required to request a variance to the height restriction.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City approves the requested height exception then staff recommends 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
January 2, 2001, 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 voted 4 to 0 (Bloom absent) to recommend approval for the conditional
use permit for a 44-foot high training tower to be attached to the fire station for Eagle Fire
Department with the following site specific conditions of approval and standard
conditions of approval with underlined text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions of DR-69-00.
2. No portion of the training tower shall be used for office or storage space, nor for any
occupancy other than that for standard training exercises.
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
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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.
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9.
10.
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.
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 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 pennits 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
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14.
15.
any other area designated by the City Council or Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
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.
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.
222.
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).
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The City's actions on the application does not grant the applicant any appropriation of
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.
23.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 9,2000.
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 December 16, 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 December
13, 2000. Requests for agencies' reviews were transmitted on November 13, 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 tower
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 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 planned for commercial uses;
E.
Will be served adequately by essential public facilities such as highways, streets,
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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
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on the site.
DATED this 16th day of January, 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Id 0
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