Findings - CC - 2006 - CU-08-06 - Childcare Facility Within An Existing Multi-Tennant Building/.393 Acre
BEFORE THE EAGLE CITY COUNCIL
OR1G\NAL
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A CHILDCARE )
FACILITY AND PRE-SCHOOL WITHIl', AN )
EXISTING MULTI-TENANT BUILDING FOR )
YESTERDAY PROPERTIES, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-08-06
The above-entitled conditional use permit application came before the Eagle City Council for their action
on November 21, 2006, at which time public testimony was taken and the public hearing was closed. 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:
Yesterday Properties, LLC, represented by Shawn Nickel with SLN Planning, Inc" IS
requesting conditional use approval for a childcare facility and pre-school Within an
existing multi-tenant building, recently converted from a church, The .393 acre site is
located on the west side of North Eagle Road approximately S60-feet north of West State
Street at 223 North Eagle Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August I, 2006.
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 September I I, 2006. Notice of this public hearing
was mailed to property owners withm 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 5, 2006. The site was posted in accordance with the Eagle City Code
on September 19, 2006 Requests for agencies' reviews were transmitted on August 12,
2006, 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 October 23, 2006, 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 October 19,
2006. The site was posted in accordance with the Eagle City Code on November 1, 2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 26, 2004, the Eagle City Council approved a comprehensive plan amendmcnt
from residential four to central business district and a rezone from R-4 (residential) to
CBD-DA (central business district with development agreement) for this site (CP A-l-03
& RZ-7-03).
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On January 11,2005, the City Council approved a Design Review (DR-40-04) to convert
a church building into a multi-tenant office building.
On January I 1,2005, the City Council approved a DesIgn Review (DR-41-04) Master
Sign Plan for a multi-tenant office building.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD-DA (Central Business Multi-tenant Office
District with a development Building
agreement)
Proposed No Change No Change Daycare and pre-school
North of site Central Business District R-4 (Residential-up to 4 Single-family dwclling
units per acre)
South of site Central Business District R-4 (Residential-up to 4 Residential-Jackson Park
units per acre) Subdivision
East of site Residential Four (4 units R-4 (Residential-up to 4 Single-family dwelling
per acre maximum) units per acre)
West of site Central Business District R-4 (Residential-up to 4 Residential-Jackson Park
units per acre) Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA
H. EXISTING SITE CHARACTERISTICS:
Existing vacant multi-tenant building with approved design review (DR-40-04).
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1. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site .393 acres (17,119 square 500 square teet
feet)
Percentage of Site Devoted to Buildmg 21% 92'X,
Coverage
Percentage of Site Devoted to 25 'Yo 10%
Landscaping
Number of Parking Spaces 23 spaces 3 for c:Jch classroom. but 1101 less
than 9 for the building or:
18 for professional office (I per
250 square feet)
Front Setback 2S feet O-teet (minimum)
Rear Setback 17-feet O-teet (minimum)
Side Setback 66-feet O-feet (minimum)
Side Setback I8-feet 0- feet
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (I) building, multiple uses - day care center, pre-school, and retail.
Height and Number of Stories of Proposed Buildings: 2-story; 27-feet
Gross Floor Area of Proposed Buildings: 4,300 square feet (approximately)
On and Off-Site Circulation:
North Eagle Road provides access to the parking area located on the south side of the
building. The parking area also provides on site turn around.
K. PUBLIC SERVICES A V AILABLE:
The site receives potable water from Eagle Water Company, sanitary sewer is provided by
Eagle Sewer District, and irrigation water is provided by New Dry Ditch Irrigation
District. A preliminary approval letter from the Eagle Fire Department has been received
by the City. A preliminary approval letter from the Eagle Sewer District states that bcfore
the District will sign off final occupancy for the proposed change of use construction plans
must be submitted to assess impacts to the sewer system. Approval from Central District
Health Will be required pnor to the issuance of a Certificate of Occupancy,
L. PUBLIC USES PROPOSED: None proposed
M, PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently eXists
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N, SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, to remain
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Power
Q. LETTERS FROM THE PUBLIC: None received to date
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 showltlg 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 Cay 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 since the building has been in
existence at this location for a number of years;
D, Will not be hazardous or disturbing to existing or future neIghborhood uses;
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E. Will be served adequately by essential public facilities such as highways, streets, pollce
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establlshment 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 factlities 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 wtll be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, nOlse, 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
L Will not result in the destruction, loss or damage of a naturaL scenic or historic feature of
major importance since the building is a 100 year old former church which has been
restored and updated to maintain its historic character also the existing trees located on site
have been retained and incorporated into the landscape design.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Central Business District.
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business, publlc,
quasi-public, cultural, residential and other related uses are encouraged. The greatest possible
concentration of retail sales and business is to occur in this land use designation. Pedestrian
friendly uses and developments are encouraged, Land within this district requires a CBD
zoning designation upon any rezone.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8- I -2 defines Childcare Facility as:
Any facility where children regularly receive care and supervision, usually unaccompanied
by the children's parents, guardians or custodians, and regardless of whether the facility
does or does not provide any instruction,
There are three (3) types of childcare facilities:
A. Family Day Care Home: A childcare facility for six (6) or fewer children,
Babysitting services are an accessory use to residential uses.
B. Group Day Care Facility: A childcare facility for seven (7) to twelve (12)
children.
C. Day Care Center: A childcare facility for thirteen (13) or more children.
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· Eagle City Code, Section 8-2-3 states that a Childcare (daycare center) requires a conditional
use permit within the CBD zoning district.
· Eagle City Code, Section 8-2-3 states that Personal Improvement and Personal Service centers
are a permitted use within the Central Business District.
· Eagle City Code, Section 8-2-3 requires City approval of a conditional use permit for a school
facility (public or private) in the R-E (Residential) zoning district.
· Eagle City Code, Section 8-2A Design Review Overlay District:
8-2A-l: General Applicability:
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 atier
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.
· Eagle City Code, Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a bmding precedent to
grant other conditional use permits,
C. PROVISIONS WITHIN THE DEVELOPMENT AGREEMENT, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
2,3 The owner shall submit a Design Review application for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the Design Review
prior to issuance of a certificate of occupancy.
2.4 Any proposed change to the fayade of the building shall be designed to maintain or enhance
the existing elements of the site to ensure a historical continuity is preserved.
2.5 The applicant shall provide a copy of a recorded cross access ah'Teement to the property to the
south prior to the issuance of any building permits. Upon redevelopment of the property to the
south, the developer of said property will be required to provide a reciprocal access agreement
to the subject property,
2.6 The mobile office attached to the western side of the church building shall be removed pnor to
the City adopting a rezone ordinance for this property.
D. DISCUSSION:
· On January 11,2005, the City Council approved (DR-40-04) to convert the existing church
located at 223 N, Eagle Road to a multi-tenant office building. The improvements to the site
have been completed and the building had received a certificate of occupancy from the Eagle
Building Department for a multi-tenant office building, The City Council also approved (DR-
41-04) master sign plan for a multi-tenant office building. The approval allowed for a
monument sign to be located on site, As of this date the monument sign has not been
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K. ',Planning Dcpt\Eagk Applicalions\ClJ<.'-()()6\CU_U8_06 l:d doc
constructed, Wall signage was not approved as part of the master si!,'11 plan, If addttional
signage is requested for the site the applicant will be required to submit a separate design
review application for the site.
· The applicant is requesting conditional use permit approval for a daycare, school and spa
within a multi-tenant office building located at 223 N. Eagle Road. The site is located within
the Central Business District. Daycares and schools require conditional use approval within
the Central Business District, however spas (Health Club, Spas, Weight Reduction Salons,
Personal Improvement or Personal Services) are a permitted use per Eagle City Code.
Since the design review (DR-40-04) approved for this site was for a multI-tenant oftice
building and the applicant is proposing a change in use the applicant should submit an
application for a design review modification for the change in use
· The size of the occupied area in the building limits the daycare use to thIrty three (33)
children. The site plan submitted with the application shows a play area to be proVided
outdoors to provide recreational opportunities for the children, The proposed area is fcnced off
with a cedar fence. A portion of the cedar fence was recently constructed by the applicant.
Cedar fences are not permitted per Eagle City Code, therefore the applicant should replace the
cedar fence which has been constructed recently on site with fencing which is permitted per
Eagle City Code prior to a zoning certificate being issued for a daycare, The approved design
review (DR-40-04) for this site does not show a play area adjacent to the buildIng. The
applicant should submit a design review modification application for approval of the proposed
children's play area prior to a zoning certificate being Issued for the daycare.
· Staff has reviewed the particular facts and circumstances of this proposed conditional usc 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 CBD zoning district since a "childcare facility" and
"school" is shown as needing approval of a conditional use permit in the CBD
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;
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 meet the design review requirements
and design requirements of the Eagle Architecture and Site Design Book
requirements as conditioned herein;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
as required within DR-40-04 the applicant has provided a butTer between the
adjacent properties and a cross access to the property to the south;
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K.\Phmning D.:pt",Eagle Applic::ltilllls\CU\~(l()(/,C(,'.O~_Ob ccfdllC
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 building is currently served by existing services and
additional impacts will be accessed and evaluated per the conditions of the
conditional use permit;
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 site since the parking area will be utilizing the eXIsting access for
the site; and
I. Will not result in the destruction, loss or damage of a natural, scenIC or histonc
feature of major importance since none are apparent on this SIte.
ST AFF RECOMMENDA nON PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with thc 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 October
2, 2006, 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).
D. Oral testimony neither in favor of nor opposed to the application was provided by one person who had
concerns regarding the allowed uses within the Central Business District.
COMMISSION DECISION:
The Commission voted 3 to 0 (Jacobs and Lien absent) to recommend approval of a conditional
use permit for a childcare facility and pre-school within a multi-tenant office building for
Yesterday Properties, LLC, with the site specific conditions of approval and standard conditions of
approval provided within their findings offact and conclusions of law dated October 16, 2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 21, 2006, at which
time testimony was taken and the public hearing was closed. The Council made their deciSion at that
time.
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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 by no one (other than the
applicant/representative ).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-08-06 for a conditional use permit for a childcarc faciltty
and pre-school within a multi-tenant office building for Yesterday Properties, LLC, WIth the
following Planning and Zoning Commission recommended site specific conditions of approval and
standard conditions of approval with underltne text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. The daycare and school are the only uscs approved with this conditional use permit. Separate uses
requiring a conditional use permit within a CBD zone shall require a separate conditional use
permit application and approval by the City Council prior to the use commencing on site.
2. The property is subject to the conditions of design rcview DR-40-04.
3. Signage must comply with the conditions of design review DR-4I-04. Additional signage will
requirc a Design Review application to be reviewed and approved by the Dcsign Review Board
and the City Council prior to sib'l1age being constructed on site.
4. Provide an approval letter from the Central District Health Departmcnt prior to the City issuing a
zoning certificate for the uses approved with the conditional use permit.
S. The applicant shall provide correspondence from the Eagle Sewcr District that changc of use
construction plans have been submitted for rcview and approval by the Eagle Sewer District prior
to thc City issuing a zoning certificate for the uses approved with the conditional use permit.
6. The applicant shall replace the eedar f-enee 'Shieh has been construeted reeentl) OR the sHe The
applicant shall complv with the conditions of DR-40-04 MOD with regard to replacing the fcncing
with fencing which is permitted per Eagle City Code prior to a zoning certificate being issued for a
daycare.
7. Applicant shall submit a design rcview modification application for the change of use from multi-
tenant office and also showing thc proposed children's outdoor play area for revicw and approval
prior to a zoning certificate being issued for the daycare,
8. The applicant shall maintain a childcare license from the Idaho Department of Health & Wclfare
during the term of occupancy of the Childcare Center (Pre-school),
ST ANDARD 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 Itmitcd 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 issuancc of any building permits or Ccrtificatc of
Occupancy, whichever occurs first
2, Idaho Department of Health & Welfare approval of the sewer and water facilities is required pnor
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall bc
secured prior to issuance of building permit or Ccrtificate of Occupancy, whichcver occurs first.
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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 or Certificate of Occupancy, whichever occurs first.
S. 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 or Certiticate of
Occupancy, whichever occurs first.
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 tirst. 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 stonn 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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever
occurs first. 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
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 or
Certificate of Occupancy, whichever occurs first.
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 Certiticate 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 or Certificate of Occupancy,
whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy,
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10, Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engmeer. 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 parkmg area shall be paved and shall be maintained in good condition without holes and fi'cc
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 m accordance with all agencies
having jurisdiction, and shall be verified m 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 or Certificate of Occupancy, whichever
occurs first
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first
IS. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) pflor to issuance of a building permit or Certificate
of Occupancy, whichever occurs first
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 or Certificate of Occupancy, whichever occurs first
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 or
Certificate of Occupancy, whichever occurs first
18. Basements in the flood plain are prohibited.
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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.
22, Any change by the applicant in the planned use of the property which is the subject of thiS
application, shall reqUlre 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
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the l1me the change in use is sought.
23, No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain wntten
confirmation of any change from the City of Eagle.
24. 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 Planning and
Zoning Commission approval date).
25. The City's actions on the application does not grant the applicant any appropnation 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 August 1, 2006,
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 September 1 1,2006, Notice of this public heanng 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 5, 2006. The site was posted in
accordance with the Eagle City Code on September 19, 2006. Requests for agencies' reviews were
transmitted on August 12,2006, 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 October 23,
2006, 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 October 19, 2006. The site was posted in accordance with the Eagle City Code on
November 1, 2006.
Page 12 of 14
K.\Plaflning lkpt'.bgle Applicatiolls\CLr.2()()6\Cl:-(J~-U6 ~CfJlK
3. The Councll reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-08-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed condItional use permit
is 111 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 CBD zoning district since a "childcare facility" and
"school" is shown as needing approval of a conditional use permit in the CBD
zoning district on the "Official Schedule of District Regulations" chart of that
secti on;
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;
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 meet the design revIew requirements
and design requirements of the Eagle Architecture and Site Design Book
requirements as conditioned herein;
D, Will not be hazardous or disturbing to existing or future neighborhood uses since
as required within DR-40-04 the applicant has provided a buffer between the
adjacent properties and a cross access to the property to the south;
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 building is currently served by existing services and
additlOnal impacts will be accessed and evaluated per the conditions of the
conditional use permit;
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 site since the parking area will be utilizing the existing access for
the site; 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,
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,
Page 13 of 14
K \Planning Dept\E~glc Applica.til)r1s\(,U"2006\CU-OX-O() cerdo\:
DA TED this 12th day of December 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 14 of 14
K \f'I~nning Dcpl\Eagle ApplicillillllsTU'.2006\CU-OX-()() Cl:fJoc