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Findings - PZ - 2005 - CU-08-05 - Construct 3,500 Child Care Facility/0.18 Acre/Rocky Mt Business Park Lt 3; Blk 1 ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICA nON FOR A ) CONDITIONAL USE PERMIT FOR A CHILDCARE ) FACILITY FOR JENNIFER V ANDERSNICK ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-08-0S The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on August 1, 200S. 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: Jennifer Vandersnick, represented by Chris Pearson, is requesting conditional use approval to construct a 3,SOO-square foot childcare facility. The O.IS-acre site is located on the south side of East Iron Eagle Drive approximately 660-feet east of East Plaza Drive within Rocky Mountain Business Park Lot 3, Block 1, Merrill Subdivision No. S). B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on June 21, 200S. 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 6S, Idaho Code and the Eagle City ordinances on July 11, 200S. 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 6S, Idaho Code and Eagle City Code on July 13, 200S. Requests for agencies' reviews were transmitted on June 27, 200S, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 26, 200S the Eagle City Council approved a preliminary/final plat for Merrill Subdivision No. S (PP/FP-OI-0S). E. COMPANION APPLICATIONS: DR-31-0S (master site and landscape plan for Merrill Subdivision No. S) DR-63-0S (design review application for childcare facility) Page I of II K:\Plallni.ng Dt:pt\Ellglt: Applil;:.ltiom,\CU\2005\CU-08-05 pzf.do,,: F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA nON DESIGNATION Existing Mixed Use MU (Mixed Use) Vacant Proposed No Change No Change Childcare Facility North of site Mixed Use MU (Mixed Use) East Iron Eagle DriveIMulti-tenant Office Building South of site Mixed Use MU (Mixed Use) Vacant (future lot in Merrill Subdivision No.5) East of site Mixed Use MU (Mixed Use) Vacant (future lot in Merrill Subdivision No.5) West of site Mixed Use MU (Mixed Use) Vacant (future lot in Merrill Subdivision No.5) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: None 1. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.18-acres (approximately) 7,000-square feet (0. 16-acres) (minimum) Percentage of Site Devoted to 43% (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 56% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 9-spaces 9-parking spaces based on three (3) spaces per classroom Front Setback 84-feet (north) * 20-feet (minimum) Rear Setback 220-feet (south) * 20-feet (minimum) Side Setback 185-feet (west) * 7.5-feet (minimum) Side Setback 320-feet (east) * 7.5-feet (minimum) * Note: Building setbacks measure from this building to the closets perimeter property line of Merrill Subdivision No.5. Page 2 of 11 K:\Pkmning D~rl\Eagl.: Arplil:;J.ti,)L1S\CU\2U05\CU-08-05 pzLJ"l,: J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a childcare facility. Height and Number of Stories of Existing Buildings: 22', one story. Gross Floor Area of Existing Buildings: 3,SOO-square feet On and Off-Site Circulation: A 66,670-square foot (approximately) paved parking lot is proposed to be constructed within Merrill Subdivision No. S. There will be ample parking for vehicles using this site. Two (2) twenty five foot (25') wide driveways are proposed to be located on the north side of this site approximately one hundred-thirty four feet (l34')t east of the west property line and eighty feet (80') west of the east property line providing access to East Iron Eagle Drive. K. PUBLIC SERVICES A V AILABLE: The Eagle Sewer District states the site is within the District's service boundaries and construction plans will need to be approved prior to the connection of sewer service located within the adjacent roadway. Approval of the water company having jurisdiction over the site is required prior to the issuance of any building permits for the site. 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 - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Page 3 of II K\Plunning Ot:pt\Eugk Arrlil;ati<')IL~\CU\2005\CU-(]8-05 pzl !.Illl,; P. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District BFI Central District Health Department Chevron Pipeline Department of Environmental Quality Eagle Sewer District Idaho Power Company Q. LETTERS FROM THE PUBLIC: None R. 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); 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 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. 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 tllOroughfares; and 1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Page 4 of II K:\PlaJUlillg Ot-pt\Eagk AprlicaliOlL~\CU\2005\CU-08-05 pzt.Joc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-l This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. C. DISCUSSION: · This childcare facility is proposed to be located on Lot 3, Block I, of Merrill Subdivision No. S. All common area landscaping, perimeter landscaping, parking lot improvements, site lighting, trash enclosures, etc., as required within DR-31-0S, are required to be completed prior to the City issuing a certificate of occupancy for this facility. · Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional use), has made the following conclusions: 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 for the MU zoning district since a childcare facility is shown as needing approval of a conditional use permit in the MU zoning district on the "Official Schedule of District Regulations" chart of that section; 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 the development will meet the City's design review requirements and design requirements of the Eagle Architecture and Site Design Book; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is planned for a mix of uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer Page 5 of II K:\PlaJUling IXpl\Eaglt: Applici.ltIOIlS\CU\2005\CU-08-05 rzt,dllC 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 is 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 commercial subdivision has already been reviewed and approved; 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 as previously approved for the subdivision; 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 this site. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the conditional use permit with 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 1, 200S, 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 (not including the applicant/representative). COMMISSION DECISION: The Commission voted 4 to 0 (Aspitarte absent) to recommend approval of a conditional use permit for a childcare facility for Jennifer Vandersnick, with the following staff recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Only the use (childcare facility) is approved. 2. Comply with any applicable conditions of DR-31-0S. All common area landscaping. perimeter landscaping, parking lot improvements, site lighting, trash enclosures, etc., as required within DR- 31-0S, are required to be completed prior to the City issuing a certificate of occupancy for this facility. 3. Comply with any applicable conditions of DR-63-0S for this site. 4. Comply with any applicable requirements of Merrill Subdivision No. S (PP/FP-O I-OS). Page 6 of II K:\PlaJllllllg D~pt\Eagk Applicatilllls\CU\2005\CU-08-05 pzt_c.Jnc 5. Comply with any applicable requirements of the City Engineer. 6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City issuing a building permit. 7. No outdoor play areas or equipment are proposed with this application and none are approved. 8. The property is subject to the conditions of design review STANDARD CONDITIONS OF APPROVAL: I. 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. Department of Environmental Quality 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 first. 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 pennits. 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 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 Page 7 of 11 K\Plannillg Dt:pl\Eagk App1i(;<.llions\CU\1005\CU-08-05 pzt,JllC 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 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 first. 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. " b. 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. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and I,SOO 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. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 13. 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. 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 Page 8 of 11 K:\Plwmillg Dept\Eagk: Applil:atiolls\CU\2005\CU-OS-OS pzf.Jnr.; 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. 20. 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. 21. 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. 22. 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). 23. 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 June 21, 200S. 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 6S, Idaho Code and the Eagle City ordinances on July 11, 200S. 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 6S, Idaho Code and Eagle City Code on June 13, 2004. Requests for agencies' reviews were transmitted on June 27, 200S, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit application (CU-08-0S) with regard to Eagle City Code Section 8-7-S "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: 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 for the MU zoning district since a childcare facility is shown as Page 9 of II K:\Plmming lkpl\Eaglt: Applicatilllls\CU\2005\CU-08-05 pz[Joc needing approval of a conditional use permit in the MU zoning district on the "Official Schedule of District Regulations" chart of that section; 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 the development will meet the City's design review requirements and design requirements of the Eagle Architecture and Site Design Book; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is planned for a mix of uses; 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 is 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 commercial subdivision has already been reviewed and approved; 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 as previously approved for the subdivision; 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 this site. 4. Pursuant to Eagle City Code 8-7-3-S (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. Page 10 of II K:\Planning IkPI\Eugk Arrlil.:ation~\CU\2005\CU-U8.05 pZI.u(,e DATED this ISth day of August 200S. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada Co Idaho ATTEST: ~A-.t~~.0~~~ Sharon . Bergmann, Eagle City lerk Page II of 11 K:\Plallllillg Dept\Eagk: Applil::.ltillllS\CU\2005\CU-U8-05 pzt.l}('C ~"''''''''', OF '" ~~ 8... ".. I e,,' '-"";'0< \ i 0..'0_<1 ~~ \ =. C; ~: I ...~ .... i \." ~SEAL~" i tII:"~ ," ~ \., ~ ~~1lA1:~ .,.,O..~ ',:' "/: .... to v .." ""I 0 F 1 \) ",./' .,,'.........-