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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