Findings - PZ - 1995 - CUP - 182 Sq Ft Child Care Facility For Members Of Club
CITY OF EAGLE
IN THE MATTER OF
ELLIOTT INDUSTRIAL CO.
AN APPLICATION
FOR A
CONDITIONAL USE PERMIT
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On February 28, 1995, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Section 8-7-3-5, Eagle City Code, Kathleen Elliott of Elliott
Industrial Co., the applicant, came before the Eagle Planning and
zoning Commission for the City of Eagle, Idaho, requesting approval
of a conditional use permit for a 182 square foot child care
facility for the exclusive use of members of the health club in
which the facility is located. The location of the property is
West State Street and South Kestrel Place in Eagle, Idaho. The
current zoning for the land is C-2.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and Zoning
Commission finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to
relevant public entities, including Central District Health,
Eagle Sewer District, Eagle Water Co., Eagle Fire Dept., Idaho
Power, and Ada County Highway District.
RESPONSES RECEIVED FROM
ENTITIES:
CENTRAL DISTRICT HEALTH: 2/13/95, "After written approval from
appropiate entities are submitted, we can approve this proposal for
central sewer. Street runoff is not to create a mosquito breeding
probelm. We will require plans be subnitted for a plan review for
child care center. Standard stormwater management
recommendations."
ACHD: Via phone 2/22/95, the plans were approved as submitted.
ADA COUNTY ASSESSOR
EAGLE FIRE DEPT.
EAGLE WATER CO.
EAGLE SEWER DIST. 2/15/95, "This proposed facility is within the
District's Planning and annexed boundaries. We have already
calculated the connection fee based on fixture units, and the
daycare portion of the facility will not affect the calculations.
Eagle Sewer District has
conditional use permit."
no
objection
to
the
request
for
a
2.
There was no written or oral testamony for or against this
application.
CONCLUSIONS OF LAW
1. granting of a Conditional Use Permit for a 182 square foot
child care facility for the exclusive use of members using the
health club in which the facility is located would not be in
conflict with Eagle City Code.
2. the approval of the application will not have adverse
impact on those property owners in the area;
3. the application submitted by Elliott Industrial Co. for a
Conditional Use Permit is in the interests of the general
public.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and zoning Commission recommends to
the Council the application be approved with the conditions
recommended by staff and the following conditions:
1. A sliding window exit be installed in the room to be used
for child care.
Condition 11 of the standard conditions be omitted.
2.
COMMERCIAL CONDITIONS OF APPROVAL
1.
All permits from Central District Health, Eagle Sewer District
& Eagle Fire District, shall be secured prior to issuance of
permits.
3.
A letter from the fire department is required stating "the
developer and/or owner has made arrangements to comply with
all requirements of the Fire Department", prior to signing of
the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire
hydrant locations and minimum flow per hydrant;
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit;
One set of building plans in any commercial district will be
submitted to the Fire District for approval;
4.
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
10.
11.
12.
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.
5.
Design Review Applications and Landscaping Applications are
required on all commercial developments. The developer is
required to:
A. Meet all Design Review provisions regarding property and
building design and signs.
B. Insure that all landscaping areas abutting residential
districts shall remain free of all advertising or other signs.
C. Will have at least a six foot high sight obscuring fence
along the property lines that adjoin a residence (8-3-5.I-2),
or a strip of land not less than 20 ft. in width planted with
dense planting acceptable by the Committee.
The Design Review/City Landscaping Committee will review and
approve or reject all landscaping applications required to be
submitted for the landscaped areas and planting of street
trees, and shall oversee such development and planting for the
welfare of trees, shrubs and other vegetation to all
commercial development.
6.
Parking area: shall be paved and shall be maintained in good
condition without holes and free of all dust, trash, weeds and
other debris. (8-4-3)
7.
One parking space for each 300 sq. ft. of floor area is
required. There shall be one handicapped space to each 6
parking spaces.
8.
Access: Any parking area shall be designed in such a manner
that any vehicle leaving or entering the parking area from or
onto a public or private street shall be traveling in a
forward motion.
9.
Stripping: All parking areas with a capacity over twelve (12)
vehicles shall be stripped with double lines (six inches both
sides of center) between stalls to facilitate the movement
into and out of the parking stalls
Shall provide enclosed trash areas as provided in ECC 8-3-2.D
Compliance with all State Codes for Day Care Centers and
Playground size requirements for Day Care Centers. ***
Handicapped parking shall be clearly marked with designated
signs.
13.
All entrances, exits and rest rooms shall meet handicap code
requirements (UBC).
ADOPTED by the Eagle Planning and zoning Commission of the City of
Eagle, Idaho this ~ day of March, 1995.
APPROVED:
ATTEST:
Bert Bradley
Planning and Zoning
Commission
Mary Berent, City Planner
City of Eagle
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding the Elliott Industrial Co. application for a Conditional
Use Permit for a child care facility within their Health Club
adopted by the Eagle Planning and Zoning on March 6, 1995, are
hereby adopted by the Eagle City Council:
DATED this ~ day of
April, 1995
Approved:
Attest:
lJte9yÞt1t
Steve Guerber, Mayor
City of Eagle
Planner