Findings - CC - 2002 - CU-01-02 - Cup For Height Exception/50' Cross
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR A CHURCH)
FACILITY FOR EAGLE FAMILY WORSHIP )
FINDINGS OF FACT AND CONCLUSIONS OF LA W
CASE NUMBER CU-OI-O2
The above-entitled conditional use application came before the Eagle City Council for their action on April
9, 2002, at which time the public hearing was closed and the item was continued to June 18, 2002, at
which time the Council made their decision. The Eagle City Council 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 Family Worship, represented by Land Consultants Inc., is requesting conditional use
approval for a church facility and a height exception to allow a 50-foot high cross. The
site is located on the northeast comer of Floating Feather Road and Park Lane at 3838
Floating Feather Road.
Note: The applicant withdrew the requested height exception for a 50-foot high cross
subsequent to the April 9, 2002 hearing.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 10, 2002.
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 February 16,2002. Notice ofthis 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 February 13, 2002. Requests for agencies' reviews were transmitted on January
11, 2002 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on March 23, 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 March 20,
2002.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: A-I-02 & RZ-01-02 (annexation and rezone from RUT (Ada
County designation) to R-E (Residential-Estates))
Page 1 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-0 1-02 ccf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates (up to RUT (Residential- Ada Residence/Pasture
one-unit per two acres County Designation)
max.)
Proposed No Change R-E (Residential-Estates) Church facility
North of site Residential Estates (up to R-E (Residential-Estates) Cavallo Estates
one-unit per two acres Subdivision
max.)
South of site Residential One (up to RUT (Residential- Ada Residential /Pasture
one-unit per acre max.) County Designation)
East of site Residential Estates (up to R-E (Residential-Estates) Cavallo Estates
one-unit per two acres Subdivision
max.)
West ofsite Residential Estates (up to RUT (Residential - Ada Residence/Pasture
one-unit per two acres County Designation)
max.)
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
This site currently has an existing single-family dwelling located upon the parcel. The
terrain is flat with no other discemable characteristics other than a number of large trees
that have recently been cut down.
Page 2 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU -01-02 ccf.doc
1.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 4.9-acres (approximately) 1.8 - acres
Percentage of Site Devoted to 13.6% (approximately)* 24% (maximum)
Building Coverage
Percentage of Site Devoted to 47.6% (approximately)* 10% (minimum)
Landscaping
Number of Parking Spaces 200-parking spaces* 180-parking spaces* (minimum)
Front Setback 90-feet (to church) 50-feet
45.feet (existing house)
Rear Setback 30-feet (north)* 30-feet
Side Setback 162-feet (west) 35-feet
Side Setback 328-feet (east)* 20-feet
* Calculated upon completion of phase three construction.
1.
GENERAL SITE DESIGN PEA TURES:
Number and Uses of Proposed Buildings:
Phase one will consist of an 8,650 square foot church facility while the existing single-
family dwelling is proposed to remain as an annex to the facility. Phase two will consist
of a 14,100 square foot addition to the church facility. Upon completion of phase three, a
10,200 square foot addition is planned. In addition, a 2,160 square foot maintenance
building is proposed.
Height and Number of Stories of Proposed Buildings:
Phase one is to consist of a single story building, phase two is to be two-stories; neither of
which is to exceed 35-feet. The number of stories and height of phase three has not been
proposed. A proposed cross would extend the overall height of the facility to 50-feet.
Gross Floor Area of Proposed Buildings: 37,000-square feet (approximately)
On and Off-Site Circulation:
A 72,500-square foot (approximately) paved lot provides parking for vehicles using this
site. One 50-foot (approximately) wide driveway is to be located on the south side of this
site approximately 250-feet east of Park Lane; a second driveway 30-feet in width will be
located on the west side of the site approximately 260-feet north of Floating Feather Road.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from the Eagle Fire Department and United Water have been
received by the City. A letter from the Eagle Sewer District states that the site is not
within the district's service area and will need to utilize an on-site septic system. A letter
Page 3 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-0 1-02 ccf.doc
Q.
R.
from the Central District Health Department has not been received to date. Approval from
the Central District Health Department will be required prior to the 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 -none
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - no (however several large trees have recently been removed)
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.
Ada County Highway District
Drainage District No.2
Eagle Fire Department
Eagle Sewer District
United Water
LETTERS FROM THE PUBLIC: None received to date.
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);
Page 4 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-O1-02 ccf.doc
-~--~-~--~-_._-----------_._------ .-----
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
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
1.
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, wmCH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Residential Estates - up to one
dwelling unit per two gross acres.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
Section 8-2-1 ACCESSORY USE OR STRUCTURE, states in part:
A use or structure on the same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure. In nonresidential zones accessory
uses/structures include, but are not limited to, detached carports and garages, caretaker's
quarters, guard houses, storage sheds, outdoor storage structures, microwave and satellite
dish antennas, and similar uses and structures.
.
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.
.
Section 8-2-4 states in part:
A minimum of 50-feet is required for front yard setbacks within an R-E zoning district.
Page 5 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-O1-02 ccf.doc
.
Section 8-3-5 (A) states in part:
An accessory building will not be located in any required front or street side yard area.
c.
DISCUSSION:
.
A single family dwelling unit, located 45-feet north of the right-of-way of Floating Feather
Road, currently exists on the site. Upon an annexation and rezone of the property to R-E, the
status of the dwelling unit would become a nonconforming use since the dwelling does not
meet the minimum front yard setback of 50-feet. As noted in the companion annexation and
rezone application (A-1-02/RZ-01-02), the dwelling unit is recommended to be moved to a
location on the site which complies with all minimum setbacks for the R-E zoning designation,
prior to the City adopting the ordinance to rezone the property.
Aside from the building not meeting the minimum required setbacks for the R-E zoning
district, the applicant intends to leave the house intact to function as a temporary annex
building until phase three of the church project has commenced. The main church facility is
proposed to be constructed behind (northerly of) the dwelling, whereby the dwelling would
function as an accessory structure, i.e. secondary to the principal use. Because Eagle City
Code states an accessory structure cannot be located within the front yard setback, the existing
dwelling unit cannot be allowed to be utilized as an annex or other use secondary to the
principal church facility in its current location.
Since the applicant has applied for a change in use from a residence to a church, the City
should require that all non-conforming uses be brought into compliance with current City
codes. To accomplish this, the structure should be removed entirely from the site, or to a
location on the site which meets all minimum setback requirements and is not located in the
front or side yard setbacks (as required as a condition of the rezone proposed for this site).
.
Per Eagle City Code, the maximum height allowed for spires, poles, antennas, steeples,
towers, etc. is 35-feet unless a conditional use permit is approved by the City Council. The
cross is proposed to be 50-feet high (15-feet higher than the maximum allowed by code). The
height of the cross is determined by measuring from the finished grade of the adjacent
roadway to the top of the cross. This conditional use application to request an exception to the
height restriction is in addition to the request to allow a church use on the property.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City approves the conditional use and 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 March 4,
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
Page 6 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-O1-02 ccf.doc
three (3) individuals (other than the applicant/representative) who felt that the church adds character
to the rural community, abundance of compassion of church members shown to others, members
would be agreeable to the maximum 35-foot height restriction for the proposed (not yet designed)
cross or apply later for an exception to allow a taller height.
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission in the form of a petition signed by ten (10) individuals with concerns regarding the height
of a 50-foot high cross not being compatible with the rural character of the area.
COMMISSION DECISION:
The Commission voted 4 to 0 (Bloom absent) to recommend approval for the conditional use
permit for a church facility with the site specific conditions of approval and standard conditions of
approval shown within their Findings of Fact and Conclusions of Law document, dated March 18,
2002:
The Commission voted 4 to 0 (Bloom absent) to recommend denial of the requested height
exception for the 50-foot high cross.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 9,2002, at which time
testimony was taken and the public hearing was closed. The Council continued the item to June 18,
2002, and made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
with concerns regarding the driveway location on Floating Feather Road which should be moved to the
east, and the potential eyesore created by a fifty-foot high cross with lights.
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual (not
including the applicant/representative) who stated the church services on Sunday are typically over by
noon.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-1-02 for the conditional use permit for a church facility
with the following Planning and Zoning Commission recommended site specific conditions of
approval and standard conditions of approval with underlined text to be added by the Council and
strike through text to be deleted by the Council:
Note: The applicant withdrew the requested height exception for a 50-foot high cross subsequent
to the April 9, 2002 hearing.
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. Only the use (church facility) is approved. The property is subject to the conditions of design review.
2. Comply with the conditions of A-01-02 & RZ-01-02.
3. The applicant shall provide an approval letter from the Central District Health Department approving
the usage of an on-site septic system prior to the issuance of a building permit.
Page 7 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-O1-02 ccf.doc
4. The existing dwelling unit may be used as an accessory structure (to be called the "Annex") and shall
be removed from the site upon completion of the construction of Phase II or within five years,
whichever occurs fITSt.
5. Design Review Board approval of a "Master Landscape Plan" for the entire church facility site is
required prior to issuance of any building permits.
6. Design Review Board approval of individual buildings is required.
7. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
8. The applicant shall coordinate with the developer of Cavallo Estates Subdivision (north of the subject
property) to provide a connection to the pathway proposed to be constructed abutting the northern
boundary of the church property. A plan showing this pathway connection shall be submitted to the
City for review and approval prior to the issuance of a building permit.
9. The applicant shall construct a sewer pipe stubbine from the building and directed toward the public
road right-of-way (applicant to verify most likely location of the sewer line with the Eaele Sewer
District) for the future connection to a central sewer system when said system becomes available
within the immediate vicinity.
STANDARD CONDITIONS OF APPRO V AL:
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 fust. 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
Page 8 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-0 1-02 ccf.doc
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
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 [lIst 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 [lISt. 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 [lISt. 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
Page 9 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-0 1-02 ccf.doc
20.
21.
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 fmal 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 file 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 file protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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 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
Page 10 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-OI-O2 ccf.doc
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).
22.
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 January 10,2002.
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 February 16, 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 February 13, 2002. Requests for agencies' reviews
were transmitted on January 11,2002 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on March 23,
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 March 20, 2002.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-01-02) 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 a church facility may be permitted in a
residential district if a conditional use permit is approved by the City Council;
b.
May 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 because it has been
determined that the conversion of the existing residence to an office is an accessory
structure ancillary to the principle use of the church and is only permitted to remain on a
temporary basis as conditioned herein;
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 church facility will
not only be required to meet the City's design review requirements, but will also be
required to meet the requirements noted herein;
Page 11 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-OI-O2 ccf.doc
d.
Will not be hazardous or disturbing to existing or future neighborhood uses since the
majority of the area surrounding the proposed church facility is planned for residential
uses and will be required to install buffers between this site and the anticipated 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 in 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
interference with traffic on surrounding public thoroughfares as the driveways are to be
approved by the highway district having jurisdiction; 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.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 9th day of July 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
Jl ~g -k ~~
Sharon K-. Moore, Eagle City CI k
Page 12 of 12
K:\Planning Dept\Eagle Applications\CU\2002\CU-O1-02 ccf.doc