Findings - PZ - 2002 - CU-06-02 - Portion Of City Hall To Be 40'/Light Monitor
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A
40-FOOT HIGH BUILDING FEATURE (LIGHT
MONITOR) FOR THE CITY HALL FACILITY
FOR THE CITY OF EAGLE
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-O6-02
The above-entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on August 5, 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:
The City of Eagle is requesting conditional use approval for a portion of the Eagle City
Hall building to be 40-feet high. The height exception (the portion of the building above
35-feet) is for the purpose of installing a light monitor and is comprised of one-percent
(1 %) of the total floor area of the building. The site is generally located on the northeast
corner of State Street and Stierman Way (Lots 6 and 7, Block 1, of Aquila Subdivision).
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 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 July 15, 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 July 10, 2002. Requests for agencies' reviews were transmitted on June 21,
2002, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: Eagle City Hall Design Review Application (DR-47-02) and
Vacation of utility easement on the western lot Line of Lots 6 and 7, Block 1, of Aquila
Subdivision (V AC-3-02).
Page 1 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Central Business District CBD (Central Business Vacant
District)
Proposed No Change No Change Eagle City Hall
North of site Residential Four (up to R-4 (Residential) Eagle Village Residential
four dwelling units per Subdivision
acre)
South of site Central Business District CBD (Central Business Pioneer Credit Union &
District) professional offices
East of site Central Business District CBD (Central Business U.S. Post Office
District)
West ofsite Central Business District CBD (Central Business Eagle City Library
District)
G.
DESIGN REVIEW OVERLAY DISTRICT: Located within the CEDA.
H.
EXISTING SITE CHARACTERISTICS:
This site is located on a vacant lot within the Aquila Village Subdivision commercial
development, situated between the Eagle City Library and the U.S. Post Office.
Page 2 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
1.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 2.27-acres (98,797-square feet) O.OI-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 23% (23,000 SF) 20% minimum & 85%
Building Coverage maximum in CEDA
Percentage of Site Devoted to 58% (62,785 SF) 10% (minimum)
Landscaping
Number of Parking Spaces 132-parking spaces 92-parking spaces (minimum)
Front Setback llO-feet (south) 20-feet in CEDA
Rear Setback 67-feet (north) O-feet
Side Setback 40-feet (east) lO-feet in CEDA
Side Setback 200- feet (east of the western lO-feet in CEDA
property line of the City Library
parcel)
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
There is to be one 23,000 square foot government office building to serve as the Eagle
City Hall and provide a facility for the Ada County Sheriff's Department (Eagle
Substation).
Height and Number of Stories of Proposed Buildings:
The building is to be one story with a height of 40-feet to the peak of the light monitor
atop the Council chambers (1 % of the overall building). The reminder of the rooflines
measure between 18 and 30-feet.
A monitor is defined as a raised structure on a roof having windows or louvers for
ventilating or lighting the building.
Gross Floor Area of Proposed Buildings: 23,000-square feet
On and Off-Site Circulation:
A 23,315-square foot (approximately) paved parking lot provides parking for vehicles
using this site. One 30-foot wide driveway (shared with the library to the west) is
proposed to be located on the private lane abutting the south side of this site
approximately 250-feet east of Stierman Way. A second 25-foot wide driveway on the
private lane is located 500-feet east of Stierman Way and is proposed to provide access to
secured parking that is located behind the new city hall facility.
Page 3 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
O.
P.
Q.
R.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Sewer
District and the Eagle Fire District have been received by the City. A water service
approval has not been received to date. Approval from Eagle Water will be required prior
to issuance of a building permit.
L.
PUBLIC USES PROPOSED: Eagle City Hall with accommodations for the Ada County Sheriff s
Department (Eagle Substation).
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
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 - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
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
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;
Page 4 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
H.
1.
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets, police
and fIfe protection, drainage structures, refuse disposal, water and sewer and schools; or
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;
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
B.
Central Business District
Suitable primarily for development that accommodates and encourages further expansion
and renewal in the downtown core business area of the community. A variety of business,
public, quasi-public, cultural, residential and other related uses are encouraged. The
greatest possible concentration of retail sales and business is to occur in this land use
designation. Pedestrian friendly uses and developments are encouraged. Land within this
district requires a CBD zoning designation upon any rezone.
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 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.
Eagle City Code Section 8-7-3-5 (F) Effect OfIssuance On Other Conditional Uses:
Page 5 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
c.
DISCUSSION:
.
The City of Eagle has proposed the addition of a light monitor to be located on the roof above
the Council chambers within the planned Eagle City Hall facility. Because the monitor is to
be in excess of that which is allowed by Eagle City Code (peak of roof is to be 40-feet high, 5-
feet higher than the 35-foot maximum), a conditional use application is required to request the
exception to the height restriction. In the narrative prepared for this application by the project
architect, details are provided regarding various features of the new city hall facility as well as
the placement of the structure on the site. Since the proposed site for the new city hall is
located approximately 250-feet north of State Street and, combined with several buildings in
between, visual identification of the new structure is impaired. To aid in providing the
prominence and character the City desires to be achieved with the new building, architectural
features that promote volume and height have been added to attract the eye of the passing
public. The proposed light monitor not only achieves the aforementioned function, but also
serves to provide natural light within the facility, which may reduce costs associated with
lighting the facility. Because a city hall may be considered one of the most influential
attributes which defines the character of a community, staff believes that the 40-foot high
light monitor (5-feet higher than the 35-foot maximum) will help provide the new facility a
visual distinction that sets it apart from surrounding structures.
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 August
5, 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 no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom, Cadwell absent) to recommend approval for a conditional
use for a 40-foot high building feature (light monitor) for the Eagle City Hall facility with the
following staff recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions of DR-47-02 and V AC-3-02.
2. No portion of the light monitor shall be used for office or storage space, or for any occupancy.
Page 6 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
8.
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 fIfSt. 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
issued.
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
Page 7 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-06-02 pzf.doc
13.
14.
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 fIfSt. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
The 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 fIfe 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 fIfe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit.
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
Page 8 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
20.
21.
22.
23.
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:
1. The application for this item was received by the City of Eagle on July 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 July 15, 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 July 10, 2002. Requests for agencies' reviews were
transmitted on June 21, 2002, in accordance with the requirements of the Eagle City Code.
Page 9 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-O6-02) 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:
g.
h.
The proposed conditional use;
a.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 as referenced "as otherwise provided within this Code" since Eagle City
Code Section 8-2A-6 (A)(7)(a) states in part that additional building height above 35-feet
may be permitted if a conditional use permit is approved by the City Council;
b.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8)
since there are no inconsistencies with the Comprehensive Plan and since the development
will be required to meet conditions of a design review application;
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area since a city hall facility is
considered to be a defining feature of a city and is worthy of a visual distinction that sets it
apart from surrounding structures;
d.
Will not be hazardous or disturbing to existing or future neighborhood uses since the city
hall facility is located within an existing subdivision that includes municipal facilities such
as the library and post office and, because the city hall building will be required to install a
buffer between this site and the residential uses to the north;
e.
Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services as noted 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 since the
city hall facility is essential function to the operation of the city and by combining the city
hall facility with the Ada County Sheriff's Department Eagle Substation, operation costs
may be lowered;
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;
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 access and major
roadways to the site have previously been approved by ACHD and have been constructed
to design standards; and
Page 10 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
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 19th day of August 2002.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
1.1 (..<A-uL.. \L ~ C9t>K..-
../ Sharo~ K. Moore, Eagle City lerk
...'11."",
.1' 'I,
..,;~' OF EA () ""f]
.." ..t"~ .."..... '<A ~
.: ",'" .. .. v -'.
¡ Ú .. dyOR..tl'" ...
: I 0"'" ~ .,
: : v ..
- . _.- I
-Jc' -
\ \~ SBAL$. 0
~ ..C>o
".. "'J- ~4 ~:I
""4'f 1'B Of \9",fi
'1, ""
""......"
Page 11 of 11
K:\Planning Dept\Eagle Applications\CU\2002\CU-O6-02 pzf.doc
----.---.---------- u --------