Findings - PZ - 2002 - CU-11-01 - Height Exception To 45-Foot To Screen Mechanical Units
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
)
)
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR
A 45-FOOT HIGH HOTEL BUILDING
WITH A 48-FOOT HIGH CHIMNEY
FOR EAGLE RIVER HOSPITALITY LLC
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-ll-Ol
The above-entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on January 28,2002. 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 River Hospitality LLC, represented by Bill Clark with Clark Development, is
requesting conditional use approval for a 45-foot high hotel building. The height
exception (the portion of the building above 35-feet) is for the purpose of screening
mechanical units and includes the installation of a 48-foot high chimney. The site is
generally located on the southeast comer of Eagle Road and State Highway 44. (Lot 6,
Block 4 of Mixed Use Subdivision #2).
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 4, 200 I.
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 12, 2002. 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 9, 2002. Requests for agencies' reviews were transmitted on November
4,2001, in accordance with the requirements of the Eagle City Code.
D.
illS TORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a
development agreement (including a concept plan) for this site.
On April 24, 2001, the Eagle City Council approved a preliminary plat (PP-14-00) for this
site.
On May 8, 2001, the Eagle City Council approved a final plat (FP-13-01) for this site.
On November 7,2001, the Eagle City Council approved a combined preliminary plat and
final plat (PP/FP-O 1-0 1) for this site.
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E.
COMPANION APPLICATIONS: Hilton Hotel Design Review Application (DR-82-0l)
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Commercial C-3-DA (Highway Business Vacant
District with Development
Agreement)
Proposed No Change No Change Hilton Garden Inn Hotel
North of site Commercial C-3-DA (Highway Business Riverside DriveNacant
District with Development
Agreement)
South of site North Channel of the R-2-P (Residential) North Channel of the Boise
Boise RiverlResidential RiverlIsland Woods
Two Subdivision
East of site Mixed Use MU-DA (Mixed Use with Vacant
Development Agreement)
West of site Commercial A (Agricultural) & C-l Eagle Road/Channel
(Neighborhood Business Center Commercial
District) Subdivision
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
This site is located within the Eagle River commercial development (Mixed Use
Subdivision No.2). Construction of streets, sidewalks and landscaping for the entire
commercial subdivision are nearly complete.
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I.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 2.96-acres (128,938-square feet) 0.02-acres (l,300-square feet)
(minimum)
Percentage of Site Devoted to 21% 92% (maximum)
Building Coverage
Percentage of Site Devoted to 48% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 121-parking spaces (Hotel site, 118-parking spaces (minimum)
Lot 6, Block 4)
117 -parking spaces (2 Pad sites,
Lots 5 & 7, Block 4 minus the 12
non-exclusive sportsman access
parking spaces)
238-Total Parking Spaces (Lots 5,
6, & 7, Block 4 minus the 12 non-
exclusive sportsman access
parking spaces)
Front Setback 127 -feet (north) O-feet
Rear Setback 50-feet (south) O-feet
Side Setback 14-feet (west) O-feet
Side Setback ll-feet (east) O-feet
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
There is to be one building to include a hotel, restaurant, and conference rooms.
Height and Number of Stories of Proposed Buildings:
The building is to be three stories with a height of 45-feet, 2-inches to the peak of the roof
covering the mechanical units. A chimney will extend to 48-feet.
Gross Floor Area of Proposed Buildings: 69,900-square feet
On and Off-Site Circulation:
A 40,328-square foot (approximately) paved parking lot provides parking for vehicles
using this site. One 35-foot wide driveway is proposed to be located on the north side of
this site approximately 335-feet east of Eagle Road providing access to Riverside Drive.
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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
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern -Yes - Boise River Floodplain
Evidence of Erosion - no
Fish Habitat - no
Floodplain - Yes - Entire site is located within the 1O0-year floodplain
Mature Trees - no
Riparian Vegetation - Yes
Steep Slopes - no
Stream/Creek - Yes - North Channel of the Boise River
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment plan was provided to and reviewed by the City Engineer
with the preliminary plat of Eagle River Development (PP-14-00). A copy of the
environmental assessment plan is on file with the City Engineer.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
United Water
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
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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 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.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
Chapter 11 - Special Areas and Sites
11.2
Recognized Special areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
ZONING ORDINANCE PROVISIONS, WillCH 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
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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.
c.
DEVELOPMENT AGREEMENT PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
ARTICLE ill - CONDITIONS ON DEVELOPMENT
Section 3.2.2 (STATES IN PART):
A portion of the C3 Zone land, as shown on Exhibit A (hereinafter referred to as "Hotel Site"),
is currently intended to be used for hotel (as defined by the Eagle Zoning Code) including
restaurant(s), meeting and/or convention rooks, and similar full service hotel uses, and for two
(2) free standing, restaurant uses. ... The hotel approved for the Hotel Site is approved for up
to 200 rooms in size and 35-feet in height unless a variance is approved by Eagle or unless
Eagle City Code is amended to allow additional height.
D.
DISCUSSION:
.
The development agreement for Eagle River Development allows for the hotel to be
constructed as a permitted use within the development and therefore would require only a
design review application. Because the applicant has proposed for the hotel roof enclosing the
mechanical units and a chimney to be in excess of that which is allowed by Eagle City Code
(peak of roof is to be 45-feet, 2-inches high; chimney is to be 48-feet high, 13-feet higher than
the 35-foot maximum), a conditional use application is required to request the exception 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
28, 2002, 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 one
(1) individual who felt that the hotel was designed well and the reason for the 35-foot height
restriction as shown in Eagle City Code was to accommodate the fire department's equipment.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval for the conditional use permit for a 45-foot
high building and 48-foot high chimney for Eagle River Hospitality LLC with the following staff
recommended site specific conditions of approval and standard conditions of approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions ofDR-82-01, PP-14-00, FP-13-01, PP/FP-I-Ol
2. Comply with any applicable conditions of RZ-2-98 and the development agreement for Eagle River
Development.
3. A building permit for this proposal shall be obtained within one year, otherwise the conditional use
approval for a height exception shall be considered null and void.
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.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits.
3.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
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.
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.
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 flISt. 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.
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. 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
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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.
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.
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 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
b.
c.
d.
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20.
21.
22.
23.
Department prior to issuance of a building permit.
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 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.
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.
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.
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.
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.
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 City Council
approval date).
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.
CONCLUSIONS OF LAW:
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1. The application for this item was received by the City of Eagle on December 4, 2001.
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 12, 2002. 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 9, 2002. Requests for agencies' reviews
were transmitted on November 4,2001, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-ll-Ol) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
conditional use permit is in accordance with the Eagle City Code because:
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 45-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 hotel building will be
required to comply with the conditions of the final plat for Mixed Use Subdivision No.2
and the design guidelines as stated within the development agreement previously approved
for the Eagle River Development;
d.
Will not be hazardous or disturbing to existing or future neighborhood uses since the
majority of the area surrounding the proposed hotel is planned for commercial uses and
will be required to install buffers between this site and any residential uses in the vicinity;
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
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 so as not to create an
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interference with traffic on surrounding public thoroughfares as the major roadways into
the site have been approved by ACHD and ITD and have been constructed to design
standards; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since none are apparent on the site.
DATED this 4th day of February 2002.
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