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Findings - PZ - 2019 - CU-06-19 - Cup For 24-Student Outdoor Preschool, Nursery (Plant Materials) & Waivers BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN OUTDOOR PRESCHOOL ) AND NURSERY(PLANT MATERIALS) ) AND WAIVERS PURSUANT TO ) n)AHO CODE§67-6512(1)FOR ) TAMARA JAHELKA& MIRANDA JASPER ) iINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-06-19 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on December 2, 2019, at which time public testimony was taken and the public hearing was closed. 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; HNDINGS OF FACT: A. PROJECT SUMMARY: Tamara Jahelka and Miranda Deckwa Jasper are requesting conditional use permit approval for a 24-student(maximum)outdoor preschool(daycare center),a nursery(plant materials),and waivers pursuant to Idaho Code 67-6512(f). The 1.41-acre site (Lots 12 & 13, Block 2, Randall Acres Subdivision No. 15)is located on the north side of East Dunyon Street approximately 320-feet west of the intersection of North Parkinson Street and East Dunyon Street at 2230 and 2248 East Dunyon Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site on Thursday, 6:00 PM,October 3,2019, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on October 10, 2019. Revised site plan area square footages were received by the City on November 25, 2019. C. NOI'ICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 16, 2019. 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 November 15,2019.The site was posted in accordance with the Eagle City Code on November 22, 2019. Requests for agencies' reviews were transmitted on October 18,2019,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACI1ONS: None E. COMPANION APPLICA1IONS:None Page 1 of 21 K:\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAi1ONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Compact Residential R-4(Residential) Single-family residential Proposed No Change No Change Commercial Business _(outdoor preschool and nursery(plant materials)] North of site Compact Residential R-4(Residential) Drainage Canal(Randall Acres Subdivision No. 15) and Single-Family Residential South of site Mixed Use MU(Mixed Use) East Dunyon Street, Commercial(Golf Your Way),and Single-Family Residential East of site Compact Residential R-4(Residential) Single-Family Residential West of site Compact Residential R-4(Residential) Single-Family Residential . . G. DESIGN REVIEW OVERLAY DIS'i'i{ICT:Not in the DDA, IDA, CEDA,or DSDA. H. EXISi'iNG SITE CHARAC1ERIS'iiCS: (Based on the site plan date stamped by the City on October 10, 2019) The site consists of one(1)existing 1,960-square foot single-family residential home, inclusive of one (1) 400-square foot sunroom, one (1) existing 960-square foot 2-car garage, one (1) existing 256-square foot shed at the back of the 2-car garage,one(1)existing 234-square foot 1-car garage, one (1)existing 130-square foot shed at the back of the 1-car garage, one (1) existing 192-square foot stand alone shed, and one (1) existing 305-square foot carport. The site also contains an existing three walled structure with a roof that is located just south of the proposed lavender fields on the east side of the raised garden beds and a structure with a roof adjacent to the west side of the children's garden. A four foot(4')high chain link fence runs adjacent to the eastern property line and a six foot(6')high wood fence runs adjacent to the western property line,a four foot(4')chain link fence runs along the front property line on the south side of the site and a four foot(4')livestock fence with a row of barb wire at the top runs along the north property line of the site located adjacent to the drainage canal. A 24-foot wide unimproved driveway is located on the east side of the property and a 20-foot wide unimproved driveway is located on the west side of the property,both entering the site from East Dunyon Street. The residence home is located approximately 38-feet from the street right-of-way.Approximately 12-feet of ACHD unimproved right-of-way is located between the 26-foot wide paved roadway area of East Dunyon Street and the south property line of the site. Page 2 of 21 K:\Planning DeptlEagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials pzEdocx I. SITE DESIGN INFORMAHON: SITE DATA PROPOSED REQIJI!&ED Total Acreage of Site 1.41 acres(61,420-sq. ft.) 8,000-sq. ft. (minimum) Percentage of Site Devoted to 7 % 40%(maximum) Building Coverage Percentage of Site Devoted to 15% 10%(minimum) Landscaping Number of Parking Spaces 8-parking spaces(preschool) 9-parking spaces(minimum) 12 parking spaces(nursery) 25-parking spaces(minimum) (gravel) (paved) Front Setback(south) 38-feet 20-feet(minimum) Rear Setback(north) 175-feet 25-feet(minimum) Side Setback(east) 67-feet 7.5-feet(minimum) Side Setback(west) 95-feet 7.5-feet(minimum) J. GENERAL SITE DESIGN FEA'i'tJRES: Number and Uses of Proposed Buildings:No new buildings are proposed.A maximum of three(3) classrooms are proposed as identified as classroom#1,classroom#2,and classroom#3 on the site plan,date stamped by the City October 10,2019(attached hereto and incorporated by reference). The site consists of existing structures as listed below,as well as an existing three walled structure with a roof that is located just south of the proposed lavender fields on the east side of the raised garden beds and a structure with a roof adjacent to the west side of the children's garden. Gross Floor Area of Existing Buildings: 4,037-sqiare feet Existing shed(adjacent to 1-car garage,proposed for nursery) = 130-square feet Existing 1-car garage(proposed for classroom#3) = 234-square feet Existing single-family residence = 1,560-square feet Existing 2-car garage = 960-square feet Existing shed(adjacent to 2-car garage) = 256-square feet Existing stand alone shed(adjacent to proposed grapevine arbor) = 192-square feet Existing carport(proposed for classroom#1) = 305-square feet Existing sunroom(proposed for classroom#2) = 400-square feet Total = 4,037-square-feet Height and Number of Stories of Proposed Buildings: No new buildings are proposed.No existing buildings are more than 35-feet in height. On and Off-Site Circulation: A 24-foot wide unimproved driveway entrance from East Dunyon Street is located near the southeast corner of the site and a 24-foot wide unimproved driveway entrance from East Dunyon Street is located near the southwest corner of the site. Site Lighting:No site lighting is proposed. Page 3 of 21 KAPlanning DeptTagle Applications\CM2019\CU-06-19 Outdoor school-nursery-plant materials pzf.dacx K. PARKING ANALYSIS: • Eagle City Code Section 8-4-5—Nursery,plant materials: 1 parking space per 500-square feet of outside display/lathe house/greenhouse area, plus 1 parking space per 250-square feet gross floor area. Parking Breakdown: Outdoor Display Areas :one(1)lavender field area,two(2)cut flower areas,one(1)raised garden beds]: 10,540-square feet(22 spaces) Greenhouse(aka hoop house): 600-square feet(1.2 spaces) Lathe House(aka grapevine arbor): 520-square feet(1.3 spaces) Gross Floor Area(Retail area/shed): 130-square feet(.33 space) Total: 25 paved spaces(required) 12 gravel spaces(proposed) • Eagle City Code Section 8-4-5—Childcare-daycare center: 3 parking spaces for each classroom,but not less than 9 for the building. Parking Breakdown: Classrooms: three(3) Total: 9 paved spaces(required) 8 gravel spaces(proposed) L. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Sewer District,Eagle Water Company,Eagle Police Department,and Eagle Fire Department. M. PUBLIC USES PROPOSED:None proposed. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. O. SPECIAL ON-SITE FEA1'LJRES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes, along the north,east, and west perimeters of the property. Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—no P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required Page 4 of 21 KAPlanning DeptTagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx Q. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Idaho Transportation Department Marathon Petroleum (fka Andeavor, Tesoro Logistics NW Pipeline) R. LETTERS FROM THE PUBLIC: None received to date. S. 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 thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic-feature of major importance. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING 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 (adopted November 14, 2017),designates this site as the following: Compact Residential Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4 units per acre to 8 units per acre. Page 5 of 21 K:\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 'MIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules And Definitions: Nursery,Plant Materials as: Land, building or combination thereof for the storage,cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. 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. This use excludes the case of: a) the operator's children or legal wards or children related by blood or marriage, b0 occasional personal guests, and c)children aged twelve(12)years and over. Any home, place, or facility providing overnight custodial services for lodging or boarding for the occupants therein shall not be considered a childcare facility. There are three(3)types of childcare facilities: A. Family daycare home: A childcare facility for six (6) or fewer children. Babysitting services are an accessory use to residential uses. B. Group daycare facility: A childcare facility for seven(7)to twelve(12)children. Daycare center: A childcare facility for thirteen(13)or more children. • Eagle City Code Section 8-2-3 states, in part,that"Nursery,plant materials"located within the R-4(Residential)zoning district requires the approval of a conditional use permit. • Eagle City Code Section 8-2-3 states, in part, that a"Daycare center" located within the R-4 (Residential)zoning district requires the approval of a conditional use permit. • Eagle City Code Section 8-2A-1: Design Review Overlay District: 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 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. • Eagle City Code Section 8-2A-6(A)(5) Utilities:Utility service systems shall not detract from building or site design.Cable,electrical, and telephone service systems shall be installed underground. • Eagle City Code Section 8-2A-6(B)(3)(e): Fences e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. Page 6 of 21 K:\Planning DeptTagle Appl i cati ons\CU\20 1 9\CU-06-1 9 Outdoor school-nursery-plant materials pzf.docx • Eagle City Code Section 8-2A-7 (C)(2)(4): Existing Vegetation: 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of this section. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. • Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots 1. Definition: A transition zone or buffer area consists of horizontal space(land)and vertical elements(plants,berms,fences,or walls).The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities or use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 2. Minimum Requirements: a. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high landscaped buffer is required. b. To conceal outdoor storage areas,trash receptacles,exposed equipment associated with any commercial or industrial activity,and off street loading when adjacent to or inview from a residential activity or public street right-or-way,a five foot(5')wide by six foot (6')high landscaped buffer is required. 3. Materials: a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees,shrubs,and ground cover in which evergreen plant materials comprise a minimum of sixty percent(60%)of the total plant material used. b. Height requirements shall be accomplished with plant material, with a fence or decorative wall. c. The required buffer area shall result in an effective barrier within three (3)years and be maintained such that sixty percent(60%) or more of the vertical surface is closed and prevents the passage of vision through it. • Eagle City Code Section 8-2A-7(K)(3)(a) 3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2)adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot(5')wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five(35) linear feet of perimeter. Page 7 of 21 KAPlanning DeptTagle Applications\CM2019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx • Eagle City Code Section 8-2A-7(K)(4) 4. Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten (10) spaces and above. The required amount of landscaping is based on a sliding scale,as follows: Percent Of Total Area Of Total Number : A Lot That Must Be An Of Spaces j Interior Landscaped Area --1! - - - - -- - -10-20 5 percent - - 21 - 50 8 percent 1 - - - - _ _ _ 51+ 10 percent b. Additional Requirements: 1. No interior planter shall be less than five feet(5')in any dimension. 2. No parking space shall be more than sixty feet (60') from an interior landscaped area. 3. Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. 4. Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet(6'). 5. A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two(2)trees and shrubs, ground cover,or grass. • Eagle City Code Section 8-2A-7(L): Landscape Commercial Strips 1. Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorist, and create a safe and pleasant corridor for pedestrians. a. The landscaped strip shall be ten feet(10')wide minimum and planted with one shade tree and ten (10) shrubs for every thirty-five feet (35') of street frontage. Two (2) ornamental or two(2)evergreen trees may be substituted for one shade tree. • Eagle City Code, Section 8-2A-7(M): Parkway Strips,Separated Sidewalks,And Street Trees: 1. Except as may otherwise be required within the DDA, 1L)A,CEDA,and DSDA sidewalks shall be separated from the curb along all streets. Sidewalks shall be required when space permits. An eight-foot(8')wide minimum parkway planter strip planted with shade class (class II)trees shall be required between the sidewalk and street to provide a canopy effect over streets. Page 8 of 21 K:\Planning DeptlEagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx 2. In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty-five (35)linear feet of street frontage. 4. In all cases,any planting within public rights of way shall be with approval from the public and/or private entities owning the property. • Eagle City Code Section 8-4-3: Design and Maintenance: A. Paving: The required number of parking and loading spaces as set forth in this chapter, together with driveways,aisles and other circulation areas,shall be improved with material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces shall not be permitted. • Eagle City Code Section 8-4-4-2:ADDITIONAL DESIGN AND MAINTENANCE REGULAHONS AND REQUIREMENTS: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section,all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp)shall not be directly visible by a person of average height standing on the property line of any public right of way,or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: Nursery,plant 11 per 500 square feet of outside display/lathe ` materials ;house/greenhouse area,plus 1 per 250 square feet of gross floor area Childcare-daycare center 13each classroom but not less than 9 for the t'-1 building • Eagle City Code, Section 8-7-3-2: General Standards for Conditional Use: 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; Page 9 of 21 K:\Planning DeptlEagle Applications\CIA2019\CU-06-19 Outdoor school-nursery-plant materials pz£docx 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 I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. • Eagle City Code Section 8-7-3-5(D) D. Conditions of Permit: Upon the granting of a conditional use permit,conditions may be attached to said permit including,but not limited to,those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services;and 7. Requiring more restrictive standards than those generally required in this title. C. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 67-6512 SPECIAL USE PERMITS,CONDITIONS, AND PROCEDURES: (f) In addition to other processes permitted b this chapter,exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code, in a zoning ordinance may be permitted through issuance of a special use permit or by administrative process specified by ordinance, subject to such conditions as may be imposed pursuant to a local ordinance drafted to implement subsection(d)of this section. Page 10 of 21 KAPlanning DeptlEagle Applications\CU12019\CU-06-19 Outdoor school-nursery-plant materials pzEdocz D. DISCUSSION: (Based on the site plan date stamped by the City on October 10, 2019, including revised site plan area square footages received by the City on November 25, 2019) • The site plan shows an existing six foot(6')foot high solid wood fence located along the west property line. A four foot(4')high chain link fence is located along the east and south property lines. Livestock wire fencing with a strand of barbwire at the top is located along the north property line adjacent to the canal. Pursuant to Eagle City Code Section 8-2A-6(B)(3)(e), dog ear cedar, fir, chain link, barbwire, razor wire and similar high maintenance and/or unsightly fencing is prohibited. The applicant is requesting a waiver to permit the chain link fence to remain along the east property line until the spring of 2021, at which time the applicant proposes to install privacy fencing.The applicant is also requesting to permit the livestock wire fencing with a strand of barbwire to remain along the north property line until the fall of 2021, at which time the applicant proposes to install the metal grid wood framed fencing. The applicant is proposing to install four foot (4') high fencing consisting of metal grid panels framed by wood, as seen in the image below, along the northern property line and the south property line adjacent to East Dunyon Street. i.i. 3 s...i - r T p .. 1 a ‘....'fe.-- ;*:.'"--41t:'''*k*-714;;A-4"*'14:1 ' —W '''''r**':1+ ; ' I" .. It filN*4.4 11"r"-- ' . ' -1{ A. ,,,,,-.--kt:11-44, i# , int ', x2 ,....,„ . ,„. .. 7 _... # Me I irZi - - , .a: ii,,- to .', f--.:' , -... ,, - s ,. u I e � le �3 t....„..41,,,,a,...*444 ''*'\% .. Ya .1,.',: . 74 u 1. YF I 11* ' i„.414',1r;1, R"4 `,,„{ ,'fir " • , ,n. u k• d r+ x.,s .4'" ,4. `';t fie' '. .r . 4w f # x`+M♦ '' ,, 4‘,.' ff ---:* * 4...,,* ,....vm114,44. Ti.,,,,*#: , ,,.., - . ,,,,,T"' ',. ' OT""*..••,,t. '. ........ ,,,,f4'4.3.""r`rs:!4/4.0::,.,361;100 9 ,. cs,• � S *Ir.' - ' y . _ '—', . r .v t. - *y.R4'5 ' $resin t `R'1 ,,'�.;'' „ -,:,4 r , ,. ,,,,. .i.,„„..,„,,,, 7— _ ,. „,,,,,. _._ 11: „ .2 . iii..„oat. a ::,,*- . 4, ' ----7, ,„ -4•,, 1 ,,,,: . '''- \',_ \ y r a z - '. '-1,: _ , '4. -..-,4„. Image below is of the existing chain link fencing adjacent to the east and south property lines. • Eagle City Code Section 8-4-3 requires all parking and loading spaces, together with driveways, aisles and other circulation areas to be improved with material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces are not permitted. East Dunyon Street has been improved with 26-feet of pavement within 50-feet of right-of-way with no curb, gutter or sidewalk abutting the site. The applicant is proposing to use the two(2) existing driveways as an entry point into the site for parking. The west driveway is to be used to access parking for the nursery(plant materials)and the east driveway is to be used to access Page 11 of 21 K.\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials pzf docx parking for the outdoor preschool. The applicant is requesting a waiver of the requirement to pave the on-site driveways and parking areas. Unless the waiver is approved by City Council, the applicant should provide a revised site plan showing the west and east parking areas of the site,as well as the two(2)driveways entering the property from East Dunyon Street improved with concrete or asphalt. The applicant should provide a revised site plan prior to submittal of . 4,0 Tils.,.-._. , --- .,,,k.- ';� �. z �`'. .....-... �� �, �.° � - � �`fi � tit; ., ..;F11.7.' , ::„?.-,:4'- --,.:' 'Rf.kl'''''r:' ' y + •'a *tom h',a t t . ++ r -,,,,,,,,,,,!..7,7,' I, � ;-,,.�..- ;•00.''' jp, .�.._.�...'•. a design review application. The image below is looking north at the west and east entry points into the site from East Dunyon Street. The image below shows the parking areas proposed by the applicant to remain as dirt or gravel. • Eagle City Code Section 8-4-3 states that all parking and loading areas require proper drainage of surface water and such water is to be retained on site. The applicant is requesting ad. waiver of this requirement. The applicant is proposing to keep the current drainage system in place, draining from the existing driveway areas into the undeveloped right-of--way. East Dunyon Street is improved with 26-feet of pavement within 50-feet of right-of-way with no curb,gutter, or sidewalk abutting the site. The image below shows this area east of the entrance into the site. The City received correspondence from Ada County Highway Distric0. , , t, date stamped by the 4 ,- -:e..,-.-,,,, ,,...9. .. .4, 4.46.., , -.... , ,,,,, ,..4, , _ Th,,: ,Xr,..:.,w::,,,-,,,,,,i,--7,4,. „„-',':,'' :1:, 7.,_.,1.'1 1:I01T.1°'-'1.:':P:t, 7 *.7****,,,04.', :0"'4-.:,....,',,,,,,,i'-,:',s,wt_, a3,9��'.:,,.-:.*,,„',,../'-4 1H.,‘-'*1%0 7 :4*1:,-,-,,-----,,,,-,',-----,,,,, t, may; _ ��1:0-, ....::::4„1*.:'„,"..'. ,-444,,4 2 e i. ,v;:;::: ''''-..'i - +-;# ::.&---' ''Ate.,,,,,,_ 00:4*- ''''' '-:* ..:4:,;.-i*C77 .''''. , ,..N. -,e .# '',4,,.,..;;r:I-Z".a---:-.0- --rpi-:4-!--x-i-,-, :,---- - - .4k;--Itt*% .4'.;i:Itri,14:' ,..t.'' ,,. -Ptik ,. '---,4":::).N-''' -'''''i-itt';*.%,,,,,ft-t-k-c.,.. ''',/-':-,- ,::-.7.. T,,,,--- i -‘,., ,,,,,,,,,,,,,xi,--15,-,:f,,,,3. -f4g--,-tr-,,-it,,,N,,i 4%. ',..,:''',--ti.:;:f--- - .„... --;,-- ,--,, ' i;77". ' = � _ rte, -�. `,�® ",, ,:*4.4";'''' Page 12 of 2 l K\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx City on November 20, 2019, which states that construction of a storm drainage system onsite would pose a maintenance concern with future development by creating a system of contiguous drainage facilities. • The site plan shows a three foot(3')wide landscape buffer between the proposed parking areas and the property lines located on the east and west sides of the site. Eagle City Code Section 8-2A-7(J)(2)(a), requires a five foot (5') wide by six foot (6') high landscape buffer with a fence or decorative wall between the parking lot and the property line.Additionally,Eagle City Code Section 8-2A-7(K)(3)(a), requires a five foot(5') wide landscape buffer planted with a minimum of one(1) shade tree and five(5) shrubs per 35 linear feet of parking lot perimeter. The applicant should provide a revised site/landscape plan showing a five foot(5')wide by six foot(6') high landscape buffer with a fence or decorative wall between the parking lots and both the eastern and western property lines planted with a minimum of one(1) shade tree and five (5) shrubs per 35 linear feet of parking lot perimeter. The revised site/landscape plan should be submitted prior to submittal of a design review application. • The site plan shows twelve(12)gravel parking spaces along the western property line and eight (8) gravel parking spaces along the eastern property line. Eagle City Code Section 8-2A- 7(K)(4) requires interior parking lot landscaping for any parking lot with ten (10) spaces and above and a five foot(5')wide terminal parking island at each end of a single row of parking. The applicant should provide a revised site/landscape plan showing the required terminal islands and showing the five percent(5%)interior parking lot landscaping for up to twenty(20) parking spaces and eight percent(8%) interior parking lot landscaping for more than twenty- one(21)parking spaces.The revised site/landscape plan should be submitted prior to submittal of a design review application. • The applicant is proposing to use one (1) residential trash receptacle and one (1) residential recycle receptacle(95-gallon each,approx.).The site plan,date stamped by the City on October 10,2019,shows a trash enclosure on the southeast corner of the site adjacent to the east property line,however,the applicant has indicated that the trash enclosure label on the site plan is merely the location for residential trash and recycle receptacles. In accordance with Eagle City Code Section 8-2A-7(J)(2)&(3),the applicant should provide a revised site plan showing a five foot (5')wide by six foot(6')high landscape buffer(with a fence or decorative wall)to screen the trash and recycle receptacles prior to submittal of a design review application. • Pursuant to Eagle City Code Section 8-2A-7(L), a ten foot(10')wide landscape strip planted with one(1)shade tree and ten shrubs per 35-feet of street frontage is required to be provided between all building development and public rights-of-way. The applicant should provide a revised site/landscape plan showing a ten foot(10')wide landscape strip planted in accordance with Eagle City Code. The revised site/landscape plan should be submitted prior to submittal of a design review application. • The outdoor preschool parking area includes eight (8) parking spaces proposed to be located along the eastern property line accessed via the eastern driveway entrance. Pursuant to Eagle City Code Section 8-4-5,the childcare-daycare center use is required to have three(3)parking spaces for each classroom, but not less than nine (9) for the building. The nursery (plant materials) parking area shown on the site plan includes twelve (12) parking spaces. Pursuant to Eagle City Code Section 8-4-5,the nursery(plant materials)use is required to have one(1) parking space per 500-square feet of outside display/lathe house/green house area,plus one(1) parking space per 250-square feet gross floor area. The applicant should provide a revised site plan showing nine(9)paved parking spaces as required for the outdoor preschool parking area and twenty five (25) paved parking spaces in the parking area located along the western property line as required for the nursery(plant materials)use . The revised site plan should be Page 13 of 21 KAPlanning DeptTagle Applications\CN2019\CUA6-19 Outdoor school-nursery-plant materials pzf.docx submitted prior to submittal of a design review application. • The applicant is requesting a waiver of the requirement for the construction of curb,gutter,and sidewalk along the portions of the site fronting East Dunyon Street.There are currently no curb, gutter, or sidewalk improvements located within this area. Previously, the City Council and ACRD granted waivers for the installation of curb, gutter and sidewalk for other properties in the area(2225 E. Dunyon Street,2250 E. State Street,and 2128 E. State Street). The City received correspondence from Ada County Highway District, date stamped by the City on November 20, 2019,which contains the following: The applicant's proposal does not meet District policy. However, ACHD staff recommends a waiver of District half street policy to not require the applicant to construct pavement widening, curb, gutter and sidewalk along East Dunyon Street abutting the site for the reasons stated above; lack of adjacent improvements, limited scope of the project, and support of City staff. Additionally, construction of curb and gutter in this location would create drainage issues on the adjacent parcels,as there is no curb and gutter near the site.Construction of a storm drainage system onsite would pose a maintenance concern with future development by creating a system of contiguous drainage facilities. 1. Pave the two(2)existing driveways located 370-feet and 509-feet west of Parkinson Street their entire width and at least 30-feet into the site beyond the edge of pavement of East Dunyon Street. 2. A Traffic Impact Fee may be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner for information regarding impact fees. 3. Plans shall be submitted to the ACHD Development Services Department for plans acceptance,and impact fee assessment(if an assessment is applicable). 4. Comply with the ACRD Standard Conditions of Approval. No signs are proposed with this application and no signs have been approved. STAYY RECOMMENDATION PROVIDED WITHIN THE STAKI REPORT: Based upon the information provided to staff to date,if City Council approves of the outdoor preschool and nursery (plant materials) use, staff recommends the site specific conditions of approval and 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 December 2,2019,at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by two(2)individuals who indicated the following: • Concerned with the additional amount of vehicular and pedestrian traffic,as well as noise that will take place in the area due to this development. COMMISSION DELIBERATION: (Granicus Time 1:13:57) Upon closing the public hearing,the Commission discussed during deliberation that: • The Commission supports allowing the driveways and parking areas to remain unpaved and Page 14 of 21 KAPlanning DeptEagle Applications\CM2019\CU-06-19 Outdoor school-nursery-plant materials pzf.dcez recommends approval of phasing for the proposed fencing replacements to be located on the east and north sides of the property. • The Commission supports allowing a reduction of landscaping along the frontage of East Dunyon Street between the development and the property line, as well as reduced landscaping within the two (2) parking areas of the site. COMMISSION DECISION: The Commission voted 4 to 0(Johnson absent)to recommend approval of CU-06-19 for a conditional use permit fora 24-student (maximum) outdoor preschool (daycare center), a nursery (plant materials), and waivers pursuant to Idaho Code 67-6512(f), for Tamara Jahelka and Miranda Deckwa Jasper, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Commission and text shown with strikethrough to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. An outdoor preschool with a maximum of twenty-four(24) students and nursery(plant materials) are the only uses approved with this conditional use permit. (ECC 8-2-3). 2. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City,whichever occurs first. 3. The applicant shall obtain a zoning certificate prior to activation of the outdoor preschool and nursery (plant materials). (ECC 8-7-2:A]) 4. A design review application shall be reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning certificate(ECC 8-2A-17). 5. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 6. All existing landscaping shall be protected and retained during construction. Any plant material damaged during construction shall be replaced in accordance with Eagle City Code Section 8-2A- 7(C)(2)prior to issuance of a certificate of completion. 7. If the City Council approves a waiver to permit the phasing for the removal of fencing along the east, south,and north property lines of the site,the applicant shall submit detailed cut sheets of the proposed replacement fencing style, color, material, and height with a specific timeline of which portions of fencing will be replaced by Spring of 2021. The detailed cut sheets and phasing timeline for fence replacement shall be submitted prior to submittal of the design review application (ECC 8-2A- 6 -8. ' •: . - •• -: • ; . - - •••- •- .• : •: . - . -. •- • -, : ••- . -- •• : • . - • . • - *-: ; -. . •- : • - - - : ; . The 8- 4 3). 9. Provide a revised site/landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer with a fence or decorative wall between the parking lots and both the eastern and western property lines planted with a minimum of one (1) shade tree and five (5) shrubs per 35 linear feet of parking lot perimeter.The revised site/landscape plan should be submitted prior to submittal of a design review application(ECC 8-2A-7_J]_2]a])and(ECC 8-2A-7 1K]:3]:a]). 10. ••:- : - •• -: - : : ; ; . - - • •- -- -: .• -: ---•-. • . - and-showing-the--fwe o •- - •: •-: . -• -• ! 'a: ;:_- : :.•:- --- Page 15 of 21 KAPlanning DeptTagle Applications\CM2019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx • ° - .. . . - - .. .. ,,. The revised - . -: • • - • - .•- . •_ - - g-2A- 8-2A- 7[K] 11. Provide a revised site plan showing a five foot(5')wide by six foot(6')high landscape buffer(with a fence or decorative wall)to screen the trash and recycle receptacles prior to submittal of a design review application(ECC 8-2A-7 _J]:2]&:3]),. 12. Provide a revised site/landscape plan showing a ten foot (10') wide landscape strip planted in accordance with Eagle City Code. The revised site/landscape plan should be submitted prior to submittal of a design review application(ECC 8-2A-7_L]). 13. The site plan shows a"small animals"area located on the east side of the property.The"small animals" area shall be limited to chickens and rabbits. 14. All overhead utilities to the site shall be removed and/or placed underground prior to the issuance of a zoning certificate(ECC 8-2A-6:A]_5_). 15. All building and site lighting shall be shielded and otherwise installed in accordance with Eagle City Code Section 8-4-4-2. 16. Hours of operation for the outdoor preschool shall be limited to the hours between 9:00 a.m. and 2:00 p.m. Monday through Friday.The preschool shall not operate on Saturday and Sunday. 17. Hours of operation for the nursery(plant materials)shall be limited to the hours between 7:00 a.m.and 6:00 p.m. Additional operational limitations are as follows: public access to the nursery (plant materials)shall be limited to the months May through October,shall be limited to the days Wednesday through Saturday,and shall be limited to the hours between 10:00 a.m. and 6:00 p.m. 18.This permit shall expire within five(5)years.An extension of the time limit may be granted by the City Council,at its sole discretion, if the following findings are made: a. There are no outstanding city code or conditional use permit conditions of approval violations on the subject property. If such violations exist,they may be conditioned by the City Council to be cured as a condition of the extension of time; b. The conditional use permit,as previously approved, remains in the best interests of the health, safety,and general welfare of the city; c. There have been no significant changes to Eagle City Code between the date of the conditional use permit approval and the application date of the time extension request that would require substantial modifications to the project; d. There are no hazardous conditions which have developed or have been discovered on the project site; e. The public facilities and services required for the project remain adequate; f. The City Council reserves the right to revoke the extension of time approval if it finds that any of the criteria herein are not met. 19. No signs are proposed with this application and none are approved. ADDITIONAL SITE SPECIFIC CONDITIONS OF APPROVAL Ir'THE WAIVER REQUESTS ARE NOT APPROVED: 20. The existing chain link fence adjacent to the east,north, and south property lines shall be replaced prior to the issuance of a zoning certificate. 21. Provide an on-site drainage plan in accordance with Eagle City Code Sections 8-2A-10(C)& 8-4-3 (B)prior to the issuance of a zoning certificate. Page 16 of 21 K:\Planning DeptlEagle Applications\CU\2019\CU-06-I9 Outdoor school-nursery-plant materials pzf.docx 22. Provide a revised site plan showing curb, gutter, and five-foot(5') sidewalk along the street frontage of East Dunyon Street and East State Street separated by an eight-foot(8')wide parkway planter strip prior to the issuance of a zoning certificate. NOTA:: In the event a Standard Condition of Approval conflicts with a Site-Specific Condition of Approval contained herein the Site-Specific Condition of Approval shall control. 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 or Certificate of Occupancy,whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior 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 be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 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. 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 or Certificate 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 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 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,or drain,for irrigation water or irrigation waste water owned by an organized irrigation district,canal company, ditch association, drainage district,drainage entity, 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 Page 17 of 21 K:\Planning DeptTagle Applications\CU12019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx 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 Engineer prior to the City Engineer signing the final plat. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the City Clerk signing the final plat. 10. 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 or Certificate of Occupancy, whichever occurs first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 11. 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. 12. 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. 13. 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 be 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 or Certificate of Occupancy,whichever occurs first. 14. 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 Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. Page 18 of 21 K:\Planning DeptkEagle Applicarions\CM2019\CU-06-19 Outdoor school-nursery-plant materials pzEdocx 15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. 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 or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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. 21. 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. 22. 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. 23. 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 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 time the change in use is sought. 24. 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 written confirmation of any change from the City of Eagle. 25. 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). 26. 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. 27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the event there is a new owner of the property,the new owner(s)shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s)shall provide written acknowledgment to the City accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the Page 19 of 21 KAPlanning DeptlEagle Applications\CM2019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU- 06-19) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional use: A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 for the zoning district involved since a commercial business [(outdoor preschool and nursery (plant materials)] may be permitted within the R-4 (Residential) zoning district with the approval of a conditional use permit; 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), (as shown within the findings provided within this document), since there are no inconsistencies with the Comprehensive Plan and Eagle City Code contains provisions which allow for the approval of the use of a childcare (daycare center) and a nursery (plant materials) that will be located on the same lot as an existing single-family dwelling with the approval of a conditional use permit, 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 applicant will keep the vintage farm feel of the property for people to gather and experience the joy of nature; D. Will not be hazardous or disturbing to existing or future neighborhood uses, since landscaping and flower and lavender fields buffer the adjacent neighbors; 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 in the documentation provided from said agencies and as required as a part of the conditions of approval herein; 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 applicant is not proposing any new development beyond the single-family dwelling that currently exists and a seasonal, temporary green house. The entire project will be privately funded by the applicant and all public facilities are available for the project; 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 as conditioned herein; H. Will have vehicular approaches to the property from East Dunyon Street which are designed as not to create an interference with traffic on surrounding public thoroughfares as approved by Ada County Highway District; 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 at this site and since no additional structures to the existing site are proposed beyond the installation of a seasonal temporary greenhouse. 2. In accordance with Idaho Code 67-6512 (f), the Commission concludes that a waiver for unpaved driveways and parking areas is appropriate since the nursery (plant materials) will provide a feel of rural Eagle within the site; reduction in landscaping between the development and the right-of-way along the frontage of East Dunyon Street as well as a reduction in landscaping within the parking areas Page 20 of 21 [:\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school -nursery -plant materials pzf.docx are appropriate since the site will become a nursery and will contain landscape throughout the site; and phasing of fence replacements along the east and north property lines are appropriate since the applicant has demonstrated that the current fencing is adequate with the proposed uses, but will comply with Eagle City Code once their commercial business is established by spring of 2021. 3. In accordance with Idaho Code 67-6512 (f), the Commission concludes that a waiver to permit a reduction in landscaping (between the right-of-way and the property line along the frontage of East Dunyon Street)and to permit the existing site drainage system to flow into the ACHD right-of-way, as approved by ACHD, is appropriate and will not change the essential character of the area. 4. In accordance with Idaho Code 67-6512(f), the Commission concludes that a waiver to permit the frontages along East Dunyon Street remain undeveloped with no curb, gutter, and sidewalk is appropriate since the waiver was also approved by ACHD (provided that the applicant paves the driveways thirty feet(30')back from the current edge of pavement as required). 5. 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 16th day of December 2019. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman ATTEST: O••° i A T/••) • 0 .0 • - s u ),\},-(f Sharon K. Bergmann, Eagle City(Clerk ; . •• °•0•••• ,4.4b STAT_. ON *SS ise1 Clt1Aig{t0O♦ Page 21 of 21 K\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials pzf.docx