Findings - CC - 2008 - CU-15-07 - 1900 Sq Ft Childcare/Within Unit 1/Multi-Tenant Building A/Inland Condos BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR A )
CHILDCARE FACILITY(DAYCARE CENTER )
WITH PRESCHOOL)WITHIN AN EXISTING )
MULTI-TENANT BUILDING FOR BRIAN )
SYVERSON AND SARAH JOHNSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-15-07
The above-entitled conditional use permit application came before the Eagle City Council for their
decision on March 18, 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;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Brian Syverson and Sarah Johnson are requesting conditional use permit approval for a
1900-square foot, 2-classroom Childcare Facility(Daycare Center with preschool)within
Unit 1, Multi-tenant Building A, of Inland Condominiums. The 1.64-acre site includes
two multi-tenant buildings and is located on Lot 1, Block 1, of Inland Subdivision on the
south side of East Iron Eagle Drive approximately 500-feet east of East Plaza Drive at
1107 East Iron Eagle Drive.
B. APPLICATION SUBMITTAL:
A neighborhood meeting was held at 6:00 PM, January 12, 2008, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on November 21, 2007. The application for this item was
deemed complete on January 14, 2008, following completion of the required
neighborhood meeting.
C. NOTICE 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 January 1, 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 December 10, 2008. The site was posted in accordance with the Eagle City Code
on January 21, 2008.Requests for agencies' reviews were transmitted on December 3,
2007, in accordance with the requirements of the Eagle City Code.
Notice of public hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on February 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 the Eagle City Code on February
22, 2008. The site was posted in accordance with the Eagle City Code on March 7, 2008.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 25, 1998, the Eagle City Council approved a preliminary plat for Rocky
Mountain Business Park, a 40-acre, 26-lot commercial subdivision.
On June 8, 1999, the Eagle City Council approved the final plats for Merrill Subdivision
Nos. 1 &2 (preliminary platted as Rocky Mountain Business Park)
On August 8, 2001, a Lot Line Adjustment was recorded creating Parcel "C" within
Merrill Subdivision No. 2.
On September 20, 2005, the Eagle City Council approved a combined preliminary and
final plat for Erland Subdivision No.1 (a re-subdivision of parcel "C" of Merrill
Subdivision No. 2). The final plat was recorded with a name change to Inland Subdivision
No. 1.
On March 28, 2006, the Eagle City Council approved the vacation of a ten foot(10') wide
public utility easement within Erland Subdivision No.1 (aka Inland Subdivision No. 1)
(VAC-03-05).
On August 8, 2006, the Eagle City Council approved two multi-tenant office buildings
and common area landscaping for this site(DR-47-06).
On August 8, 2006, the Eagle City Council approved a master sign plan for this site (DR-
48-06).
On April 13, 2007, the Eagle Zoning Administrator approved the condominium plat for
Inland Condominiums (CP-2-07).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU(Mixed Use) Vacant Multi-tenant office
Building
Proposed No Change No Change Childcare Facility(Daycare
Center with preschool)
North of site Mixed Use MU(Mixed Use) Vacant Multi-tenant Office
Building
South of site Public/Semi-Public MU-DA(Mixed Use with State Highway 44/Eagle
Development Agreement) River Development-Idaho
Athletic Club
East of site Mixed Use MU(Mixed Use) Multi-tenant Office
Building
West of site Mixed Use MU(Mixed Use) Multi-tenant Office
Building
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, DSDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: (site plan for context of building and parking lot
locations attached to the staff report)
Building A is located at 1107 East Iron Eagle Drive. Unit 1 within Building A is vacant
(proposed location for the Childcare Facility); Units 2 and 3 within Building A are
currently occupied by a karate studio.
Building B is located at 1093 East Iron Eagle Drive. Building B is a vacant multi-tenant
office building.
There is an existing pathway along the southern portion of the site, as well as twelve (12)
mature trees along the pathway.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 71,550-square feet(1.64-acres) 7,000-square feet(0.16-acres)
(minimum)
Percentage of Site Devoted to 21% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 25%(approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 9-parking spaces(for Childcare 9-parking spaces (minimum for
(See Item J below for Parking Analysis) Facility) Childcare facility)
47-parking spaces (for entire site) 49-parkng spaces (minimum for
entire site)
47-parking spaces (minimum for
entire site if a joint/collective
parking agreement is approved)
Front Setback(north) 20-feet * 20-feet(minimum)
Rear Setback(south) 37-feet, 6-inches * 20-feet(minimum)
Side Setback(west) 17-feet, 4-inches * 7.5-feet(minimum)
Side Setback(east) 28-feet * 7.5-feet(minimum)
*Note: Setbacks are measured from the property line to the closest building or closest building pad site.
J. PARKING ANALYSIS: (see attached site plan for context of building and parking lot locations)
MULTI-TENANT BUILDING"A"(6.326-square feet)
Karate Studio: (existing use in portion of Building A)
4,426-square feet
• ECC Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
"Personal Improvement"uses:
4,426_250= 18-parking spaces
Childcare Facility(Daycare Center with Preschool)(proposed use in portion of Building A)
1,900-square feet, 2-classrooms
• ECC Section 8-4-5 requires 3 parking spaces for each classroom but not less than 9
parking spaces for the entire building.
2-classrooms z 3 each=6-parking spaces, *but not less than 9-parking spaces
for the entire building
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Karate Studio with the addition of the Childcare Facility
Karate Studio: 18-parking spaces
Childcare Facility: 9-parking spaces
Total: 27-parking spaces
MULTI-TENANT BUILDING"B"(5.330-square feet)
Office Space:
5,330-square feet
• Parking requirements per ECC Section 8-4-5: 1 parking space per 250 square feet of gross
floor area:
5,330-square feet-250=22-parking spaces
COMBINED REQUIRED TOTAL FOR BUILDING"A"AND BUILDING "B"
Building A: 27-parking spaces
Building B: 22-parking spaces
Total: 49-parking spaces
COMBINED PROPOSED TOTAL FOR BUILDING"A"AND BUILDING"B"BASED
UPON PROPOSED JOINT/COLLECTIVE PARKING AGREEMENT
Total: 47-parking spaces
In accordance with the preliminary plat and design review applications previously approved for
this site (PP/FP-03-05 - Erland Subdivision No. 1 and DR-47-06),the applicant provided a blanket
reciprocal cross-access easement and shared parking agreement for Buildings A and B.
The blanket reciprocal cross access and shared parking agreements are covered by the provisions
of the Inland Condominium declaration, instrument No. 107091223, recorded on June 26, 2007.
Section 4.2 on page 7, of the Inland Condominium declaration provides that all parking spaces
shall be available for use by the owners, subject to any rules and regulations adopted by the
Association. Section 5.3, on page 8, grants each owner the right of ingress and egress across the
common area for access to the owner's condominium.
Included as an exhibit to this application and in accordance with ECC Section 8-4-4-3, is a
proposed Joint/Collective Parking Agreement. If approved (in accompaniment with this
application), this agreement would be the customary "City-approved" Joint/Collective Parking
Agreement that would be utilized as the guiding document(in association with the conditional use
permit and design review conditions of approval) to regulate the parking and access requirements
for the site. This agreement, as presented,would allow a two space reduction(a decrease from 49-
parking spaces to 47-parking spaces) based upon the differentiation of hours of operations for the
individual uses within Buildings A and B as outlined below:
• The proposed childcare facility will operate Monday through Friday, 8:00am to 4:00pm. The
karate studio operates Monday through Friday as well. Classes at the karate studio held on
Monday, Wednesday, and Thursday begin at 4:30 p.m. and classes on Tuesday and Friday
begin at 9:15 a.m. Both the childcare facility and the adjacent karate studio will have students
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and staff utilizing the parking area during the same hours only two days a week; however, this
is not anticipated to create a parking problem because the childcare facility students will be
dropped off before 8:00 a.m. and the karate studio opens one hour and fifteen minutes later in
the morning (based upon the operating schedule submitted with this application). Parking in
the afternoon hours are not anticipated to pose a parking problem either because the students
at the childcare facility will be picked up at 4:00 p.m. and afternoon/evening classes at the
karate studio do not begin until 4:30 p.m. (thirty minutes after the proposed school is closed
for the day).
It should be noted that when DR-47-06 was approved, a future building pad site located to the
north of Buildings A & B was a part of the overall application. The future building pad site is
owned by a separate owner is not included in Inland Condominium declaration shared parking
agreement nor the Joint/Collective Parking Agreement proposed with this application. All parking
requirements for the future building pad site will be evaluated with a future design review
application for that site.
COMPACT SPACES
Eagle City Code allows a maximum of thirty percent(30%) of the total spaces provided to be
used as compact spaces. The applicant is proposing five (5) compact parking spaces, which is
less than 10%of the total spaces provided.
K. GENERAL SITE DESIGN FEATURES:
On and Off-Site Circulation:
Access to the site is provided via a shared driveway from the property to the west of the
subject site. A 29,221-square foot (approximately) paved driveway/parking lot provides
circulation and parking for vehicles using this site. The Inland Subdivision No. 1 plat indicates
all lots have a blanket reciprocal cross-access easement that provides access between the two
(2) lots within the subdivision and to the parcels contiguous to the east and west boundaries of
the subdivision. The applicant has lined up two (2) parking lot driveway isles with the
property to the west and one (1) with the property to the east which provides circulation
between the subject site and two adjacent parcels.
L. PUBLIC SERVICES AVAILABLE:
The site is serviced by the Eagle Sewer District,Eagle Water Company, and the Eagle Fire
District.
M. PUBLIC USES PROPOSED:None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. 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
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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
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report
and is incorporated herein by reference. Comments, which appear to be of special concern,
are noted below:
ACHD—see page one of the ACHD staff report for comment
Central District Health—see comments requesting revised plans
Chevron Pipeline—no comment
Idaho Department of Environmental Quality—no comment
Eagle Fire Department—no comment
ITD—no comment
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;
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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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process. An allowable density of up to 10 units per 1
acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2 defines Childcare Facility as:
Any facility where children regularly receive care and supervision, usually unaccompanied by
the children's parents, guardians or custodians, and regardless of whether the facility does or
does not provide any instruction.
There are three (3)types of childcare facilities:
A. Family Day Care Home: A childcare facility for six (6) or fewer children.
Babysitting services are an accessory use to residential uses.
B. Group Day Care Facility: A childcare facility for seven (7) to twelve (12)
children.
C. Day Care Center: A childcare facility for thirteen(13)or more children.
• Eagle City Code Section 8-2-3 states that a Childcare Facility (daycare center) requires a
conditional use permit within the MU zoning district.
• Eagle City Code Section 8-2-3 requires City approval of a conditional use permit for a school
facility(public or private) in the MU(Mixed Use)zoning district.
• Eagle City Code Section 8-7-3-5 (F) Effect Of Issuance On Other Conditional Uses:
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
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• Eagle City Code Section 8-4-4-3 JOINT/COLLECTIVE PARKING FACILITIES:
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the
peak demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area,the applicant may provide
documentation showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4-1A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are
in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to the
provisions of this chapter, shall be recorded in the office of the county recorder and copies
thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or
prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall
include:
a. A guarantee that there will be no substantial alteration in the uses that will
create a greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
c. A provision that the city may require parking facilities in addition to those
originally approved upon findings by the city council that adequate parking to
serve the uses has not been provided;
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d. A provision stating that the city council,may for due cause and upon notice and
hearing,unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city
in an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to
be provided not exceeding twenty percent(20%)of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The maximum
allowable reduction in the number of spaces to be provided shall not exceed twenty
percent(20%)of the sum of the number required for each use served unless a conditional
use is approved by the city council.
8.No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
C. DISCUSSION:
• Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the MU zoning district since a 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 development will be required to meet conditions of a design review
application;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the development will meet the City's design review requirements and design
requirements of the Eagle Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is planned for a mix of uses;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted is
responses received by agencies providing the public services.
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the commercial subdivision has already been reviewed and
approved;
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G. Will not involve uses, activities,processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as previously
approved for the subdivision; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
STAFF RECOMMENDATION:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC HEARING OF THE COMIVIISSION:
A. A public hearing on the application was scheduled before the Planning and Zoning Commission on
February 4, 2008. The item was continued to February 25, 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 to this proposal was presented to the Planning and Zoning Commission by no
one(not including the applicant/representative).
COMIVIISSION DECISION:
The Commission voted 2 to 0 (Pierce recused, Felix and McCarrel absent)to recommend approval
of CU-15-07 for a conditional use permit for a Childcare Facility(Daycare Center with Preschool)
for Brian Syverson and Sarah Johnson with the site specific conditions of approval and standard
conditions of approval shown within their findings of fact and conclusions of law document, dated
February 25, 2008.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 18, 2008, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor to this proposal was presented to the City Council by one (1) individual who
indicated the City needs more pre-schools and this application helps fulfill those needs.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-15-07 for a conditional use permit for a Childcare Facility
(Daycare Center with Preschool) for Brian Syverson and Sarah Johnson, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use - Childcare Facility(Daycare Center with Preschool) is approved.
2. The Joint/Collective Parking Agreement approved with this application shall be executed by all
parties and shall be recorded in the office of the Ada County Recorder prior to the issuance of a
Zoning Certificate.
3. Comply with any applicable conditions of DR-47-06.
4. Comply with any applicable conditions of DR-48-06.
5. Submit a design review modification application for the change of use of the building from multi-
tenant office to Personal Improvement (karate) and Childcare Facility. The design review
modification shall be reviewed and approved by staff prior to the City issuing a certificate of
occupancy for the Childcare Facility.
6. Comply with any applicable requirements of Inland Subdivision (formerly known as Erland
Subdivision No. 1 (PP/FP-03-05)).
7. 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 by the City on November 21,
2007, all activities will be conducted inside the building.
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.
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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, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and(3)satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or 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.
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.
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12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat..
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (ie; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit 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 Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or Certificate
of Occupancy,whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
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.
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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
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, as stipulated in Eagle City Code(one year from the Planning and
Zoning Commission approval date).
25. The City's actions on the application does not grant the applicant any 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. A neighborhood meeting was held at 6:00 PM, January 12, 2008, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on November 21, 2007. The application for this item was deemed complete
on January 14, 2008, following completion of the required neighborhood meeting.
2. 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 January 1, 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 December 10, 2008. The site was posted in
accordance with the Eagle City Code on January 21, 2008. Requests for agencies' reviews were
transmitted on December 3, 2007, in accordance with the requirements of the Eagle City Code.
Notice of public hearing on the application for the City Council was published in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 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 the Eagle City Code on February 22, 2008. The site was posted in accordance with the
Eagle City Code on March 7, 2008.
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3. The Council reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-15-07) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
conditional use permit is in accordance with the Eagle City Code because:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the MU zoning district since a 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 development will be required to meet conditions of a design review
application;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the development will meet the City's design review requirements and design
requirements of the Eagle Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is planned for a mix of uses;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted is
responses received by agencies providing the public services;
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the commercial subdivision has already been reviewed and
approved;
G. Will not involve uses, activities,processes,materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as previously
approved for the subdivision; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
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DATED this 8th day of April, 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co ,Idaho
(.‘ i 1-7
Phil Bandy, Mayor /
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Sharon K. Bergmann,Eagle Cityr
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