Findings - CC - 2003 - V-2-03 - Construct 2' Above Bfe/Not 0.5' For Roadways/Manho
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
VA~CEFROMTHEREQumŒMENTTO
CONSTRUCT THE RESIDENTIAL FINISHED
FLOORS TWO-FEET ABOVE THE BASE FLOOD
ELEVATION AND ROADWAYS AND MANHOLES
Yz-FOOT ABOVE THE BASE FLOOD ELEVATION
FOR STEVE ROTH
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER V-2-03
The above-entitled variance application came before the Eagle City Council for their action on October 14,
2003. 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:
Steve Roth, represented by Jane Suggs, is requesting City approval of a variance from the
requirement to construct the residential finished floor two-feet (2') above the base flood
elevation, and from the requirement to construct roadways and manholes Y2-foot (0.5')
above the base flood elevation. The site is generally located on the northeast comer of
2nd Street and Plaza Drive, at 150 South 2nd Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 23, 2003.
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 29, 2003. 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 24,2003. Requests for agencies' reviews were transmitted on July 24,2003,
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 September 23, 2003. 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 September 18,
2003.
D.
HISTORY OF PREVIOUS ACTIONS: None
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E.
COMPANION APPLICATIONS: CU-4-03 & PP-I-O3 (conditional use permit and preliminary
plat for Paddy Row Subdivision, a 30-lot (24-buildable, 5-common, I-private street)
residential subdivision.
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Residence
District)
Proposed No Change No Change Residential Subdivision
North of site Central Business District R-12 (Residential) Apartments and
Northside Drain Ditch
(Eagle Drain)
South of site Central Business District CBD (Central Business Residence and future
District) Plaza Street extension
East of site Central Business District CBD (Central Business Mobile home park
District)
West ofsite Central Business District CBD (Central Business Eagle Plaza commercial
District) center
G.
DESIGN REVIEW OVERLAY DISTRICT: The western portion is within the IDA (Transitional
Development Area) and the eastern portion is within the CEDA (Community Entry
Development Area).
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H.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 3.55-acres .Ol-acres (500 s.f.)
Percentage of Site Devoted to 31 % (estimated) 20% (minimum)
Building Coverage 85% (maximum)
Front Setback* 5-feet to l2-feet 10-feet (min.) to 25-feet (max.) within TDA
20-feet (minimum) within CEDA
Rear Setback 4-feet O-feet (minimum)
Side Setback* 3-feet O-feet to 10-feet (maximum) within TDA
10-feet (minimum) within CEDA
Side Setback* 3-feet O-feet to 10-feet (maximum) within TDA
10-feet (minimum) within CEDA
NOTE: *Because this development proposes residential dwellings, setbacks are measured from
individual lots rather than the boundaries of the 3.55-acre parcel.
I.
EAGLE CITY CODE FOR WHICH THE VARIANCE IS BEING REQUESTED:
.
ECC Section 10-1-8-5 (A) (2) Residential Construction:
New construction and substantial improvement of any residential structure shall have the
finish floor elevation of the lowest floor, including basement, elevated to a minimum of
two feet (2') above the base flood elevation.
.
ECC Section 10-1-8-5 (A) (3) Residential Construction:
Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood waters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must meet or exceed
the following minimum criteria:
a. A minimum of two (2) openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot (1 ') above grade.
c. Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
.
ECC Section 10-1-8-5 (F) (1) Fill Requirements for fill placed in the flood plain:
Development within the area of special flood hazard shall result in no net loss in natural
storage. Grading plans shall show that existing natural storage volume in the flood plain,
as bounded by the existing surface topography and the base flood elevation surface, shall
not be reduced from the current quantity. Post development storage volumes will be
calculated from the post development flood elevation for the base flood event. Depressions
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which will be filled with ground water and sections of the flood plain which are restricted
from floodwater conveyance due to roads built above the base flood elevation shall not be
considered when determining storage volumes. Development within the DDA, IDA or
CEDA design review overlay areas shall not be subject to the provisions of this
subsection.
.
ECC Section 10-1-8-5 (G) Roadways and Manholes:
Roadways and manholes within the flood plain shall be a minimum of one-half foot (0.5')
above base flood elevation at centerline and manhole ring respectively.
J.
EAGLE CITY CODE SECTION 10-1-10 (A) Application for Variance:
A variance from the terms of this chapter shall not be considered until a written
application for a variance containing the data required by subsection 8-7 -4-2B of this code
and a narrative statement, demonstrating the requested variance has mitigated items
contained in subsection B of this section, is filed with the zoning administrator for
submission to the city planning and zoning commission and the city council.
K.
IDAHO CODE TITLE 67-6516, "VARIANCE - DEFINITION - APPLICATION - NOTICE -
HEARING"
Each governing board shall provide as part of the zoning ordinance for the processing or
applications for variance permits. A variance is a modification of the requirements of the
ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard,
setbacks, parking space, height of buildings, or other ordinance provision affecting the
size or shape of a structure or the placement of the structure upon lots, or the size of lots.
A variance shall not be considered a right or a special privilege, but may be granted to an
applicant only upon a showing of undue hardship because of characteristics of the site and
that the variance is not in conflict with the public interest. Prior to granting a variance,
notice and an opportunity to be heard shall be provided to property owners adjoining the
parcel under consideration.
L.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE VARIANCE:
The applicant's justification letter, date stamped by the City on July 23, 2003, is
incorporated herein by reference.
M.
AGENCY RESPONSES: None
N.
LETTERS FROM THE PUBLIC: None received to date.
O.
REQUIRED FINDINGS FOR APPROV AL OF A VARIANCE:
.
Eagle City Code Section 10-1-10 (B) (2):
In making a decision, the city planning and zoning commission and the city council shall
consider all technical evaluations and all relevant factors and standards specified in other
sections of this chapter and:
a. The danger that materials may be swept onto other land to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
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c. The susceptibility of the proposed facility and its content to flood damage and the effect
of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed uses which are not subject to
flooding and erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and the flood plain
management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site; and
k. The costs of providing govemmenml services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
.
Eagle City Code Section 10-1-10 (C) (5): Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variances would result in exceptional hardship
to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public as identified in items conmined in section 10-1-7 of
this chapter, or conflict with existing local laws or ordinances.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF
REGARDING THIS PROPOSAL:
SPECIAL CONCERN
.
Chapter 6 - Land Use
6.7
Implemenmtion Strategies
n. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
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B.
C.
.
Chapter 11 - Special Areas and Sites
11.1
Background and Vision
"Special Areas and Sites" are defmed as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should æke place in a
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
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 WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
DISCUSSION:
.
The applicant has requested a variance from the requirement to construct the residential
finished floor two-feet (2') above the base flood elevation, and from the requirement to
construct roadways and manholes Yl-foot (0.5') above the base flood elevation. This is based
in part on the existing conditions of the surrounding area and the development that has
occurred within recent years. With the recent adoption of the February 19, 2003, Flood
Insurance Rate Maps (FIRM), the Base Flood Elevation (BFE) of this particular area was
raised from 2559 to 2562. (NOTE: Due to a change in the datum used for the map study, 3.1
feet should be added to the BFE as noted on the pre-2003 maps to correspond to today's BFE).
This in essence places several existing buildings in the immediate vicinity of this site
(Albertsons, Eagle Pavilion) 3-feet below the current BFE. If this subject site were required to
be built 2-feet above the BFE, this in effect would place the floor of the buildings on this site
approximately 5-feet above the floor of the surrounding buildings. A "mounding" effect,
compared to the surrounding elevations) would occur as a result of the elevation of this site. It
should be noted that the requested variance from the City's standards and is not a variance ITom
the Federal Emergency Management Agency (FEMA) regulations, which require all residential
structures to be placed at the BFE or higher. Yet, with the revised BFE, the elevation of this site
will be required to be raised from its current elevation, although measures can be æken during
construction of the homes to reduce the effects of the increase and still remain within the FEMA
regulations (see ECC Section 10-1-8-5 (A) (3)).
.
Eagle City Code Section 10-1-8-5 (F) (1) allows development with the IDA (Transitional
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Development Area) and CEDA (Community Entry Development Area) to place fill material
within the site, which is prohibited within other areas located within the floodplain. The intent
of this exemption is to encourage development in the downtown area of the City, where the
only practical way for a site to develop was to allow fill to be placed on sites located within the
floodplain. However, the disadvantage of allowing fill material in any flood hazard area is the
loss of water storage during a flooding event.
This subject site is located in Flood Insurance Rate Map number 16001COl53 within the AH
zone, which is defined as an area within the floodplain subject to ponding with a potential rise
in floodwater from 1 to 3-feet. Both the Flood Plain Administrator and the City Engineer
concur that to elevate this site with fill to comply with the BFE (as shown on the current FIRM
maps) may create a greater problem with the surrounding buildings that were constructed
under the prior BFE, since water storage capability would be lost and, this site may cause an
obstruction to any water flows that may occur. In addition, there is also a practical difficulty in
constructing roadways to align with the existing streets adjacent to this site.
.
As a point of information, the residents of this subdivision would be required to carry flood
insurance on the dwellings due to the location of the site within the floodplain. There would be
no advantage gained by raising the homes 2-feet above the BFE (as required in Eagle City Code)
since FEMA only requires homes to be at the BFE.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City Council approves the variance, then based upon the information provided to staff to
date, staff recommends the site specific conditions of approval as outlined 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
18, 2003, 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 the applicant's request was presented before 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 (not including the applicant/representative) who described the methodology in
calculating homeowner's association reserves used for the maintenance of common areas and private
roadways, and that this developer has been highly responsive to resident's concerns in similar
developments.
COMMISSION DECISION:
The Commission voted 3 to 1 (Crook against, Deckers absent) to recommended approval ofV-2-
03 for a variance from the requirement to construct the residential finished floors two-feet (2')
above the base flood elevation, and from the requirement to construct roadways and manholes Y2-
foot (0.5') above the base flood elevation, with the site specific conditions of approval and
standard conditions of approval shown within their Findings of Fact and Conclusions of Law
document, dated September 2, 2003.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 14,2003, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicantJrepresenmtive ).
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek absent) to approve V -2-03 for a variance from the requirement
to construct the residential finished floors two-feet (2') above the base flood elevation, and from
the requirement to construct roadways and manholes Y2-foot (0.5 ') above the base flood elevation,
with the following Planning and Zoning Commission recommended site specific conditions of
approval and smndard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of FPDP-4-03.
2. All mechanical units located with the garages of the single-family dwellings shall be Flood- proofed.
3. No finished floor elevation shall be constructed below the Base Flood Elevation.
4. NFP A regulations require that all enclosures below the BFE in A zones be designed to allow for the
automatic equalization of hydrosmtic forces during a flood event. The applicant shall comply with
Section 60.3 (C)(5) of the NFIP regulations which smtes:
"All new construction and substantial improvements, fully enclosed areas below the lowest floor that
are usable solely for parking of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing the entry and exit of floodwater. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or meet or exceed the
following minimum criteria: minimum of two (2) openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of
all openings shall be no higher than one foot (1 ') above grade. Openings may be equipped with
screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit
of floodwaters. "
5. This variance shall not be considered as esmblishing a binding precedent to grant other variances.
6. The applicant shall place a note on the final plat generally smting that the subdivision is located within
the AH zone of the floodplain, with a potential for ponding of water from one-foot (l ') to 3-feet (3 ') in
depth, and as such is subject to requirements of Eagle City Code Title 10 (Flood Control) and FEMA
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regulations regarding insurance.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 23,2003.
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 29, 2003. 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 24,2003. Requests for agencies' reviews were
transmitted on July 24,2003, 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 September 23,
2003. 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 September 18, 2003.
3. The Council reviewed the particular facts and circumstances of the proposed variance (V-2-03) in
terms of Eagle City Code Section 10-1-10 (C) (5): (required fmdings for approval of a variance) and
has concluded that:
a. A showing of good and sufficient cause exists since a variance would encourage
development in the downtown area of the City, and allow a practical way for the site to
develop by not having to place additional fill in the floodplain, which would cause the loss
of water storage during a flooding event;
b. While the failure to grant the variances would not result in exceptional hardship to the
applicant, a hardship may be encumbered upon property abutting this site due to the
placing of fill material to raise the site above the Base Flood Elevation which may increase
the depth of flooding on adjacent parcels and create an obsœcle to the efficient draining of
the area during a flood event; and
c. The granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances since the
opposite of these situations may occur should the site be required to raise above the BFE.
Increased flood heights could occur since the filling of this site would remove flood
storage capacity from the area and thereby threatening damage to property and public
safety and creating a nuisance to other properties. The variance would not be in conflict
with existing laws or ordinances since Eagle City Code prohibits the location of fill
material in areas within the floodplain (other than the DDA, TDA and CEDA).
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DATED this 28th day of October 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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