Findings - CC - 2005 - CU-08-05 - Construct A 3500 Sq Ft Childcare Facility/.18 Acre/In Rocky Mt Business Par
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A CHILDCARE )
FACILITY FOR JENNIFER V ANDERSNICK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-OS-OS
The above-entitled conditional use permit application came before the Eagle City Council for their action
on September 20, 200S. 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:
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-OS).
E. COMPANION APPLICATIONS: DR-3I-OS (master site and landscape plan for Merrill
Subdivision No. S)
DR-63-0S (design review application for childcare facility)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION 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
Drive/Multi-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.I8-acres (approximately) 7,000-square feet (0.I6-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 1 85-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.
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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: 3,500-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.5. 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 fourfeet (134')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
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
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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 circurnstances 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 thoroughfares; and
1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
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B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2A-1
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 1, of Merrill Subdivision No.
5. All common area landscaping, perimeter landscaping, parking lot improvements, site
lighting, trash enclosures, etc., as required within DR-3I-05, 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
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
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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
I. 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 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 chiIdcare facility for Jennifer Vandersnick, with the site specific conditions of
approval and standard conditions of approval shown within their Findings of Fact and Conclusions
of Law document, dated August IS, 200S.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 20, 200S, 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
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Guerber absent) to approve CU-08-0S for the conditional use permit for
a childcare facility for Jennifer Vandersnick, with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (childcare facility) is approved.
2. Comply with any applicable conditions of DR-3I-05. All common area landscaping. perimeter
landscaping, parking lot improvements, site lighting, trash enclosures, etc., as required within DR-
31-05, are required to be completed prior to the City issuing a certificate of occupancy for this
facility.
3. Comply with any applicable conditions ofDR-63-05 for this site.
4. Comply with any applicable requirements of Merrill Subdivision No.5 (PP/FP-OI-05).
5. Comply with any applicable requirements ofthe 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:
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. 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 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
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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
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, 1,500 gallons per minute for dwellings having a fire 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.
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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 Council or 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
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 action 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, 2005.
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 11, 2005. Notice of this public hearing was mailed to property owners within
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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 13, 2005. Requests for agencies' reviews were
transmitted on June 27, 2005, 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 August 29,
2005. 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 August 24, 2005.
3. The City Council 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
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.
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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 11th day of October 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
'Ada County, Idaho
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