Findings - CC - 2008 - CU-11-06 MOD - Mod To Cup To Allow A Fenced In Outdoor Playground Area For Learning Cntr
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION )
TO MODIFY THE CONDITIONAL USE )
PERMIT TO ALLOW AN OUTDOOR )
PLAYGROUND AREA FOR THE LAND )
OF NOD LEARNING CENTER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-ll-06 MOD
The above-entitled Conditional Use Permit modification application came before the Eagle City Council
for their recommendation on August 4, 2008, 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;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Genesis One LLC, represented by Travis Burrows of Dave Evans Construction, is requesting
a modification to a conditional use permit to allow a fenced-in outdoor playground area for
Land of Nod Learning Center. The 0.33-acre site is located on the south side of East Iron
Eagle Drive, approximately V4 mile west of Edgewood Lane at 1167 East Iron Eagle Drive
(Lot 9, block I, Merrill Subdivision No.5).
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 23, 2008.
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 July 14, 2008. 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 July 9, 2008. The site was posted in accordance with the Eagle City Code on
July 25, 2008. Requests for agencies' reviews were transmitted on June 20, 2008, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 25, 2008. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 22,
2008. The site was posted in accordance with the Eagle City Code on August 29,2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 26, 2005 the Eagle City Council approved a combined preliminary/final
application plat for Merrill Subdivision No.5 (PP/FP-O 1-05).
Page I of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
On November 9, 2005 the Eagle City Council approved a master sign plan for a Multi-
tenant Office Building within Merrill Subdivision No.5 (DR-40-05).
On October 25, 2005 the Eagle City Council approved design review for Multi-tenant
Office Building within Merrill Subdivision No.5 (DR-41-05).
On February 13, 2007, the Eagle City Council approved a conditional use permit
application for Boise Christian Pre-school Academy (CU-II-06).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) Pre-school/daycare facility
Proposed No Change No Change Pre-school/daycare facility
with fenced-in outdoor
playground area
North of site Mixed Use MU (Mixed Use) Boise Christian Pre-school
Academy
South of site Public/Semi-Public MU-DA (Mixed Use with State Highway 44/Eagle
Development Agreement) River Development
East of site Mixed Use MU (Mixed Use) Building within Merrill
Subdivision No.5
West of site Mixed Use MU (Mixed Use) Building within Merrill
Subdivision No.5
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, DSDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing building that is currently being used as a childcare facility. There is
also an existing paved parking lot and mature landscaping (trees, shrubs, grass etc.) on the
site.
Page 2 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 14,418 square-feet (0.33 I-acres) 7,000-square feet (0.16-acres)
(minimum)
Percentage of Site Devoted to 29.3% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 51 % (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 17 -parking spaces 9-parking spaces based on
three (3) spaces per classroom
Front Setback 12-feet (north) 20-feet (minimum)
Rear Setback 30-feet (south) 20-feet (minimum)
Side Setback 1 8- feet (west) 7.5-feet (minimum)
Side Setback II-feet (east) 7.5-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One 4,200 square foot building used as a pre-school and
daycare facility.
Height and Number of Stories of Existing Buildings: One story, 22' in height.
Gross Floor Area of Existing Buildings: 4,200-square feet
On and Off-Site Circulation:
A 66,670-square foot (approximately) paved parking lot has been constructed within
Merrill Subdivision No.5. There are 17 parking spaces allocated to this particular
building which is more than what is required for the proposed use. Two (2) twenty five
foot (25') wide driveways located along the north boundary of Merrill subdivision No.5
provide access to East Iron Eagle Drive. Internal sidewalks have been constructed
throughout the site and connect to the walking/bike path that extends along the southern
portion of Merrill Subdivision and Highway 44.
K. PUBLIC SERVICES AVAILABLE:
The site is already being serviced by the Eagle Sewer District, as well as Eagle Water and
Fire services.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
Page 3 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - Yes, on the southern portion of the property south of the pathway along SH 44 and
East Iron Eagle Drive.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - Any construction changes within the right-oi-way will need to
reviewed by ACHD.
Central District Health - No objections
Chevron Pipeline - No conflict
Q. LETTERS FROM THE PUBLIC: None
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
Page 4 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
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.
ST AFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-2A-I
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 sign age, proposed conversions, proposed changes in land use
and/or building use, exterior remodeling or repainting with a color different than what is
existing, exterior restoration, and enlargement or expansion of existing buildings, signs or
sites, and requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
C. DISCUSSION:
· On February 13, 2007, the Eagle City Council approved a conditional use permit for a pre-
school and daycare center for this site. The approved conditional use permit contained a
condition of approval that stated: "No outdoor play areas or equipment are proposed with this
application and none are approved. According to the applicant's letter of justification, date
stamped October 19, 2006, activities will be conducted inside the building or possibly at a
nearby location." The applicant who applied for and received the conditional use permit to
operate the preschool and daycare center no longer occupies the building. The current
building occupant, Land of Nod Learning Center, is requesting approval to modifY the existing
conditional use permit to allow for a fenced-in outdoor playground area on site.
· The existing building that is currently occupied by Land of Nod Learning Center is located on
Lot 9, Block 1, of Merrill Subdivision No.5. All common area landscaping, perimeter
landscaping, parking lot improvements, site lighting, trash enclosures, etc., as required within
DR-31-05 and DR-41-05, have been completed.
Page 5 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
· Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru 1" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the MU zoning district since a school and childcare facility
are shown as needing approval of a conditional use permit in the MU zoning
district on the "Official Schedule of District Regulations" chart of that section;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan and
since the proposed fence for the playground area will be required to meet
conditions of a design review application;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the development will meet the City's design review requirements and design
requirements of the Eagle Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is planned for a mix of uses including pre-schools and daycares centers;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted is
responses received by agencies providing the public services.
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the commercial subdivision and existing building have already
been reviewed and approved by impacted agencies;
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
since a majority of activity associated with the use will occur indoors;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the intensity
of use is not expected to change upon approval of this conditional use application;
and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the Staff report.
Page 6 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
August 4, 2008, 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.
COMMISSION DECISION:
The Commission voted 4 to 0 (Felix absent) to recommend approval of CU-II-06 MOD for a
modification to a conditional use permit to allow an outdoor playground area for the Land of Nod
Learning Center, with the site specific conditions of approval and standard conditions of approval
shown within their Findings of Fact and Conclusions of Law document, dated August 18, 2008.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 9, 2008, 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 (other than the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to recommend approval of CU-II-06 MOD for a modification to a
conditional use permit to allow an outdoor playground area for the Land of Nod Learning Center,
with the following Planning and Zoning Commission recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU-II-06.
2. Comply with any applicable conditions of DR-31-05 (landscape design).
3. Comply with any applicable conditions of DR-40-05 (master sign plan).
4. Comply with any applicable conditions ofDR-41-05 (building design).
5. Provide a staff level design review application for a change of use of the building to accommodate
a pre-school and daycare use. The design review application shall be reviewed and approved by
staff prior to the issuance of a zoning certificate for this site.
6. Provide a design review application accompanied by a detailed cut sheet showing materials,
design, colors etc. to be use for the construction of the fence. The design review application shall
Page 7 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
be reviewed and approved by staff prior to the issuance of a zoning certificate for this site.
7. Provide a design review application accompanied by a detailed cut sheet showing materials,
design, colors etc. for any proposed playground equipment. The design review application shall be
reviewed and approved by staff prior to the issuance of a zoning certificate for this site.
8. Applicant shall provide a letter from the Merrill Subdivision No.5 business association approving
this use and hours of operation.
9. Provide documentation in the design review process that shows the proposed fence to be
reinforced so that it will be able to withstand impact from debris or other items that may intrude
from the highway. The documentation shall be reviewed and approved by the staff prior to the
issuance of a zoning certificate for the site.
10. Each fenced-in section shall be gated and an evacuation plan shall be easily available to all
employees that clearly outlines emergency evacuation procedures for the children.
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 the issuance of any building permits.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the issuance of any building permits.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to the issuance of any building permits.
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 the issuance of any
building permits.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the issuance of any building permits.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifYing that all drainage shall be retained on-site prior to the issuance of any building permits.
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 the issuance of any
building permits.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to the issuance of any building permits. The lot shall be so graded that all
runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line
onto another lot except within a drainage easement.
Page 8 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
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
(I) 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 the issuance of any building permits.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits. 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 the issuance of any building permits.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to the issuance of any building permits. 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 00,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Page 9 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit 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 the
issuance of a building permit.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to the issuance of a
building permit.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the issuance of a building permit.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to the issuance of a building
permit.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the issuance of a building permit.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. 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.
23. No change in the terms and conditions of this approval shall be valid unless they are in writing and
Page 10 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
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.
24. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review if construction has not started prior to that date, as stipulated in
Eagle City Code (one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 23, 2008.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 14, 2008. 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 July 9,2008. The site was posted in accordance with
the Eagle City Code on July 25, 2008. Requests for agencies' reviews were transmitted on June 20,
2008, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on August 25,
2008. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on August 22, 2008. The site was posted in accordance with the Eagle City Code
on August 29, 2008.
3. The Council has reviewed the particular facts and circumstances of this proposed conditional use and,
in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional
use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the MU zoning district since a school and childcare facility
are shown as needing approval of a conditional use permit in the MU zoning
district on the "Official Schedule of District Regulations" chart of that section;
B. Will be hannonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan and
since the proposed fence for the playground area will be required to meet
Page II of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc
conditions of a design review application;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the development will meet the City's design review requirements and design
requirements of the Eagle Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is planned for a mix of uses including pre-schools and daycares centers;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted is
responses received by agencies providing the public services.
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the commercial subdivision and existing building have already
been reviewed and approved by impacted agencies;
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
since a majority of activity associated with the use will occur indoors;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the intensity
of use is not expected to change upon approval of this conditional use application;
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.
DATED this 23rd day of September 2008.
"".. ........,.
"", ~ 0 F 8. ..,....
~..... '" ,'t .........'" 0 ....
~ v.- e.:(.
I ,.. o\lPOll-i ... {6 ':00;
:ft,v ~\:
: . ......... . :
. . .*.
. \... SB ..
~ tP.~ AL ,,': :
~ ~.. 0.. ,'" .. :
~, .., :..:pltA't~~..:~ 0 ......
" rlJ .... ~ v ....
"'" 0 F It> ,,,,,..,,
',,'.........',
ATTEST:
J ~~ > y P.:u-+c~~----./
Sharon . Bergmann, Eagle City CI k
Page 12 of 12
K:IPlanning DeptlEagle ApplicationsICU\2006ICU-II-06 MOD ccfdoc