Findings - CC - 2020 - CU-06-19 - Childcare Facility / Plant Nursery At 2230 & 2248 E Dunyon St BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FORA"CHILDCARE FACILITY,DAYCARE )
CENTER"(OUTDOOR PRESCHOOL)AND )
A"NURSERY,PLANT MATERIALS"AND )
WAIVERS PURSUANT TO iDAHO CODE )
§67-6512(1)FOR TAMARA JAHELKA& )
MIRANDA DECKWA JASPER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-06-19
The above-entitled conditional use permit application came before the Eagle City Council for their action
on January 28, 2020, 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;
i'INDINGS OF FACT:
A. PROJECT SUMMARY:
Tamara Jahelka and Miranda Deckwa Jasper are requesting conditional use permit approval for a
24 student(maximum)outdoor preschool("Childcare Facility,Daycare Center"),a"Nursery,Plant
Materials"business, 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. APPLICA'I'ION 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 applications for this item was
received by the City of Eagle on October 10, 2019. Revised site plan area square footages were
received on November 25,2019.
C. NO'I'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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on January 10,
2020.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 January 9, 2020. The site was posted in accordance with the Eagle
City Code on January 17,2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS:None
Page 1 of 21
KAPlanning DeptTagle Applications\C[A2019\CUA6-19 Outdoor school-nursery-plant materials cc£docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA!IONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact R-4 (Residential) Single-Family Residential
Residential
Proposed No Change No Change Commercial Business-"Childcare
Facility,Daycare Center"(outdoor
preschool)and"Nursery,Plant
Materials"
North of site Compact R-4(Residential) Drainage Canal(Randall Acres
Residential Subdivision No. 15)and Single-
Family Residential
South of site Mixed Use MLT(Mixed Use) East Dunyon Street, Commercial
(Golf Your Way),and Single-Family
Residential
East of site Compact R-4(Residential) Single-Family Residential
Residential
West of site Compact R-4(Residential) Single-Family Residential
Residential
..• •
G. DESIGN REVIEW OVERLAY DISIRICT: Not in the DDA, IDA,CEDA,or DSDA.
H. EXIS'i'iNG SITE CHARAC1'FRISI'ICS: (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 ACRD 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
KAPlanning DeptTagle Appliestions\CUA2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
L SITE DESIGN INFORMA 110N:
SITE DATA PROPOSED REQUI1tED
Total Acreage of Site 1.41 acres(61,420-sq. ft.) 8,000-sq. ft. (minimum)
Percentage of Site Devoted to 7%(approximately) 40%(maximum)
Building Coverage
Percentage of Site Devoted to 15% 10%(minimum)
Landscaping
Number of Parking Spaces 8-parking spaces(preschool) 8-parking spaces(preschool)
12-parking spaces(nursery) 12-parking spaces(nursery)
(gravel) (gravel)
Front Setback(north) 38-feet 20-feet
Rear Setback(south) 175-feet 25-feet
Side Setback(west) 67-feet 7.5-feet
Side Setback(east) 95-feet 7.5-feet
J. GENERAL SITE DESIGN FEA1LJRES:
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-square 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.
Page 3 of 21
KAPlanning DeptTagle Applications\CU\2019\CUA6-19 Outdoor school-nursery-plant materials ccf.docx
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.
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 lone (1) lavender field area, two (2) cut flower areas, one (1) raised
garden beds]: 9
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: 12 gravel spaces(proposed and approved herein)
• 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: 8 gravel spaces(proposed and approved herein)
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 FUIIJRE ACQUISITIONS MAP:No map currently exists.
O. SPECIAL ON-SITE FEAiLJRES:
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 REVthW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Page 4 of 21
KAPlanning DeptTagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
Not required
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'[HE PUBLIC:None received to date.
S. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDI110NAL 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,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
L Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAi ' ANALYSIS
PROVII)ED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING i'HIS PROPOSAL:
The Comprehensive Plan Land Use Map(adopted November 14,2017),designates this site as the
following:
. . .................. „ „.... .
.•: • ..• r.
Page 5 of 21
KAPlanning DeptTagle Applications\CTJ\2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
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.
C. 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.
• 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
Page 6 of 21
KAPlanning DeptTagle Applications\CIJ12019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
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 in view
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.
• Eagle City Code Section 8-2A-7(K)(4)(a)
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:
Page 7 of 21
KAPlanning DeptTagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
Percent Of Total Area Of
Total Number ' A Lot That Must Be An I,001
Of Spaces ' Interior Landscaped Area
111
10-20 5 percent
21 - 50 8 percent
51+ 10 percent
modussommumnemussommumeatannessumemeammininnumni
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,'It)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.
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.
Page 8 of 21
K:\Planning DeptEagle Applications\CUA2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
• 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 1 per 500 square feet of outside display/lathe
materials ; house/greenhouse area,plus 1 per 250 square feet of 11
gross floor area
fitmorminvisseressammusammatammearmantendssmasnolumosonimanswer,.. ,k,w ,::
Childcare-daycare center 3 for each classroom but not less than 9 for the
j building
stionsmenammingessmangsminsmassossammesimininnowin!iiiiimmosoommommenan*,,ww;::7,:m$,,,z.m.,-.=,:?..-,:tk
• 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;
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;
Page 9 of 21
KAPlanning Depaagle Applications\CIA2019\CUA6-19 Outdoor school-nursery-plant materials ccf.docx
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.
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
6 •
'r
illki.411119:04404•0101•4•111..,21';',,,::!!!'*!
;11'4344'
Y'+'F.. may,f
R
IIP'!'"'.***'.
,,.. :LN.`PS �•• � '? 5+�"T� [ ' ..h+` � 2`i map.
¢ 4<s
Page 10 of 21
K:\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
remain along the east property line until then spring of 2021, at which time the applicant
proposes to install privacy fencing.The applicat 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.
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 dirtsurfaces 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
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
a design review application.The image below'
elow is looking north at the west and east entry points
into the site from East Dunyon Street.
iii
_ i.. .4.'+>. . .:�: « ;.. r,x�`: d: •'.litg,��.. $. ,4'
`Y
)y '� Y
) 3.�.
<k
<.� ''.....,!..:4-4-7-;;':'::-.:'
�:^ .: ,mss.;
-::',,q,:: -.:.:......
r2£s<h :..:. . :::: C.,afe.<ee.: :.:. ..�:'. •:,..::: .:. ,�� �• �/:s �:s T7 .. :e�.t.ox sr?<8t''y<. s� f.
�.� yyoo§ ,,.;{.A 8'. g S'..9 ) F a� t,� .«6.s. _ d £ l 'a> .�....,b .'Y'_
a:;9:: ,CKs k 1/c�ic p' .:4- :,� a.1P+r4 Sr' --.:... h
S •r `. ,4 a b': ��qq Y .seri ,`tea' :----,,z1;.*,':-.
a�Q 'i ....z` ';;; ""' . ::*< x r es"
R 4>#.. ,. '',,,,t-',:,
> 'Yd' �� .i'� .3 a � ?�4 :. a?,'.9.: ., s ^R�`t�'� �-� 5 � E
?b>a� �y'� < ' `!�[e <�, .. ,y,'s �`C..fr ._' "xie;i^.s. Y�- ? { '�'... ''.'k�'""x.<.
R x s <Q.r.�':y::_. .:F, a.1l`-, .l sF°ff„. %�` 'sl' :yF .. ^' .. � ` .w.;
s- a
� &< �"�'� <g)" h��$��� ;s�`s :si >K s°' .g� �,� ;�. ""� '?§r rR. � `� y'v
'a' } y,[_ aV7.X14 .1. x <.x: .a .4R°:>?n` .yppy •e g Vx i, 4. � ,< �'kx:.� /.::.
L .3PYSb."'. i {. �E.r 'b: Lam'.c3: 3s'i' f �:..i
:: -,.. t9'Z 3' motif .1...-!...,,,,,::.
''Rt4.
��rs :..Fx<..',x.5:;.,.: .,.�r< :..:. :,� '.ss �f �,y� .,t,
:ee>:: �'- •��. m 3<'Wi�s %� ..:: .. '�::.�C � V 7 � ';. J� t. .�s>
� ar x 4
RFs• .:'p�� : .1,:.-, ,x >-'y`:r,s fi
Y��+N3'
iC< 3
:i y�,•F
.::... >: "��#,
x
r �;:. '�sf5 z ;:.4:;,',44;,,,'''".
r. s t:
�>gi`<• �B•`?.. 'r. .:Axl`^ s � a>"
.,may ..':a¢ix saR[�,.•. K s j,:ir' F"�>a1F.<�is r< � Y ,��s is x sF•
s: �; �g' as
y . fib:, a :-5+ )
..:.< .: .<.: :-:.' .'.,.:a:...+.. <+..�. .....:fry. ..) .. "V',
:. x 75" � 's�AS�)•< F t j_. sem.3 a '< .:
' x
I
,..,411111,11111112111111111111114
.71::',':'''
{ 4�
''f':.Y< ,a AYs .S uoa�,'F" -<. < :_,,:••1!:'i.! •• : '4 )sc:i�.3C .' '; a MY' ks �m 4,,,� .3
. a> X5:2::... :'-').#''''''''':31-'711%4'
r :'3fA
Y
o5k
Atli,
.),,l' ihlifilll'N.,1,:.z
:. >`�2+ki:., l5 "y�y <Y..'� ::.. 'YSf.d .6q.4.. '.. �i: .;.::;.:: f
<<� .�. �� k :.L"� .. S{:..'. :/:..'X' :. 1P i S :Y.�� /Y:..Mos 5: �' '.!...:..-,"::':i-').':',.'-,::
�a R� fit'''....::'''
.'.::s '. :. / .3:.. xS4 --.5 ::•[ ., >✓. �EiEa:''}.�'ai::: ';i 5 i� .�.R�Rei� .t ::'�°:>
k
assn' ' _ :: :,. ,<,s« ;`-' sb. P '; • ,,ftitillii:::::::
\5� : '?� } ,»a.•w:.>x.w: � {i o>� '°'tom . `
ro - .venae a/' ; :'"I::::;,:.-;;,
w+do' �- 3
�' � -' :.. _^aa .mak,_ �:
s .�.x «A_ k s. ss,y S`k.3 F>>-`8"`y
£ s� 1,•--..
s' s
x s. �
.:,,,,,,":""",„„,,;111111,1i0!!:,
' t::'....l'
"fes � 4�� :^
z s
k n
1kri:'!:!.:7'
iiiiiiiii
R4 a.�G� ..: 2 Y`<
e. a ��.i� �:.., a a L mei � R',ya,, � d
� x. 3 ` xas :-AQ :E
s
i a
x
�
y
3
4
S Y
..<,., ,......., .x,...s,,;sx:i:¢':�x:.`:•F:. ..� es:'... ..... 3R` � '8>`:.i►.sx.w*.3,... .x... ..k. "Fr sa;F AFF:��a
Page 11 of 21
K:\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
• 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 a 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 ofright-of--way with no curb,gutter,
or sidewalk abutting the site.The image below shows this area east of the entrance into the site.
"iia;;
\ v`
i
� 't 3
::,„,.•.„,,,,„.,„,,'.„,.:z„,,„„,,z..,:.•-„.„,„„„.,1.„1..„„.,„„.1„,,,:.p1,:,.„,,,,.1.•,„,.
,„:„„„,.•.i.,.,,,,.„.1...:„,.,„,"„.•i,.:.,.,„,.•:i.„,„,:,„,,•.i,„„,„„,,1„o„::„,.:ii.,„,,:,,.„..:,,:„:„,„..•,:,,,.„,::„,,,.:,,,„.:_%„,,„„,,,,,„,'',...„,i,1:.,:„:,,,,„,:1'.,„,...„,,:,,,.,.*•,,,i..,,,,,„:',,,,.,:„:..;„,...,,,,,„„.....,,,,„..,',.,,„,.„,,,„,,.o',,,.,;...,:::'..,.,..•,0;„::,.',.„.„„.„„.,„,:.1's_,:,„,.,u:.,;,,,.,:;..,,.,,„:.':•,.,-.3:.,,:.,,;,;...„,,:;„„:i.:lt',,':.:i„.,.•,:':..',„,-:E,„'„ii..,,..:,.•'.,.,,,..b•,,..,.,„,„......::i.:f......„.,,:„n.
.,,,.,:,.,:.,„,-:i...,„.„.,„,,.i,.:,,„-„:,.:,.,„.„,,,,'H„„,:„„,.•:.::„„.-,.<.„::,„,-..•„..lt...,„,„..„i.m„..,„,„.,..,„,„„,...,:'.,,„..,,,„„:,..,-„.....,,„„„:".-,..,,„„'.-.:•......;„,,:,..,-„-.„;„„.„:"i,.',„„„:li..,,„„,.„.,,,;.„.:,;,.„:..:.„„:.l"„,i:...„::„,,,ot„.:„..:,:,!.,„,„,,:,,„.:..<,„,",,:•'.„„.,;,,,i....:.:,:,:—„.,:,„.„,„„.':„.::,:„'.,:,i..:,.,..„:„,,.,I,.,.:„,:,,,l,_,.,„':,„:,:.,,„':„.',.,„,,..',:,„.„,..,,i',,„,,,:...,.:„,,„:,g',:.„.,.:„:„'„...1,„l1.,„i,.,'.,,:.1„.l...,,,„.,m..,.1....,.,,!,..:„:,,.„.„„,,,.:.,,,„:.•.:,,„i„..:,,,,:,i.l..:,,.„,.l0!„„,.„..,,.,..,,,..l,-:.,:.,::„;:-i„..„,::„„.1!].,,,„,,,,..:,,,:„1t.,,..,,,:„,.1,.:„,.,,,,„11.::.:„„,,,."11,,.:.,,:4.„„,,,„„„,1-,.,.,1.,,,.„,,.1,.,..,,.,.,11:,.,,„,„:::.11,.E.:,„,,,.r•„_,.,..,.,,,„,,,.:.,,„.1.i„.,:,,,,1,.i,.,,.:,,,,,:,.„,.-,:..,,,„:1,.„,.„,.,:„-.,,::„,..,:.:,,,:„:,.:,i,::•,.0,,.;„,:-„„,,",.„„„,,,.:,.„:.::,„„..„:::,„.,..:,,:-,,„„,.,.,,..,„::,,:„,.-.',„,.:,,„::,,':.......,:::„'.,.„'.„„-,:,..,.4:.,.,,„::.,,,,..•„,..::,,„..„:„
£e.. ,h,.,,„H.„........„,:::„.:!
i.i•1,„,:1'„„„1,...'.„„•,„i.,,.:„,'•„,4„„'.„i.,,•s'.,i„„.,•,.„,',,s..,„,1o•,-',„•',,,.•„.„„.,„„'.1•.,i„,,.„•',,,,,•.:!,,„,,_•:„,,•..,,i,••.;,„,,•.„-•i„,„1•.,i„,„,:,„::
:„,„.•„,.,,.,„.,.„,",,,„.,,,,•„....„„"„,•.,,:.•t,.•,.:3i,",.,,..,.„,,:,:".,,.1.1„,:„,.,,.1..,„;,,,.:,.•.,..,1.„.
..:7,,„..„„:..,,:.:,,:,,,..„,,..,::.,,,:...'.,.,:..:.,„,.:,:...,.,:,,.:.,:..,..„,„:.„,::„,.:,.,.„:.:..,:,,'•:.„T,::.
„:'„.::,,,.-.,,„....".'..„,.,,„,,.,,.:.,,,,,:.":<„.:.:„.-„.„,,::,.":,:);:.„,..,,,1„„.H,,1,,:„•-.„..:„,.-,::,„„...,„.„:„„:,.,:.,„.:„t.„,:,.„;.`,..„;I,.-:1i—.„„.„:.,.„.::„.,:..1-,.„„:.;.„,:...,,.:„.:„.,:„7.,:.„.„,;.1,.„:....::„:,,„„.:.„:,,:„..:.„,,„:.:,„„„H..
.,,,.„...::,::,:,:„1.„:.
„:.,::,:,.:„,:,,.,.„,„:,::1,.:,.,.„.:,::,,,.„,:,:„,.,:„,.„:,,.„,,:,..„,„,1,.::„:,.„,::,.„„.„:,„..„..,,-„'„:„....,„.,.„.„,,,i'.„.....:..:,,.::.'...:,:„,'
..:,..,,....':„':•..'.',,„:
.:,.',:.,:),.',.,t,:':,•,.,.„.1,'',.,.:.,',„•,,,.,.'::„•,.,„....'•,•,.„'.•,,,.:4„'
,..,.„,',.',.„:,,.',.,.,.,',„'
i
..:,:::0..,„:,,...:‘..,,„',...:.•.:,.„..:.,.„..:,.::,....,:„',,,::.„...,,,0:.:,„„„..,.:..,,",,.,„.:s1.:..:;,..,..:„:..„.,..',.;,....".:4..!..,,:....s..
.,,„::..,,,,.„,'-„.:1,.„,:a:;„.,.:,i:,,....::
,„.::.'.„..:.:
..:::l.i
..':ii,..:.,
:',,:„..::i'::i„'.'.„'7'
:i'.:,k„.„:i-.i-,„,.:.:",:,,:".:..."-.,..
...:i.
x
y
•
iQ
.,„''..,„........,::,„.,.„.,,:....•„,....,,,
..••.••:•.•_-••.'••'.•••-..,•.-•..'--•.•.,,.•,.,
.'."•.,...,„,;..,i.,,.',..,,,,,.N,.,,.,..,,„.':1.„-::,1:„„,E„,„
;.1„,,..„„.,,,,,,,.,.„,,4,,„..*.,,....,..,.,::;,,'„.,,:,.,,:,,„,.:„...,:,„„.,,,.,.,,:„'H,,,.„.
„,,,•.,,...,-„,,:i.:..,”.,
„..,,:„:,..„„,,„,,.,,,..::,,.:„,,,.—,,...:::.,,,::.„,,r:i,:.::.,."„,,„„,,,,,..:„-,
i„,:„,„i.i..,,,,
\\ ,,tit¢:a - i-,,z•,„--.-i'„,„
".":1.'!:,.,„.:.,.:-,.,
*i:''1,,,.,„„),„ „,„,.,"i„„,,,,,"
:t..:„•„,.'!,..,•.:,„.„,:..„,„:,1..,.„,.,.,.:,„,„.,„:,:::,,-:.:...„::
...is>::a
C ...........
.-...-,..,:.„..".,„.„,,,.,:„...:,:..!,.,..:,„„:::,;,.„",:.„„,„,.,,„,:.,;
::„,,,„,.:,.,'„:,,).„',„,,!f:,,,,.„.„..,i
„,,.,.„„„.,,0,.:,.-„,,„,.I::,1.,„-'..,
.:t,.„,•,4:.:.7,'„-.t„..,.,,,.„-„.-
.,,,.,,,.„.,:,.,.,,,,..,,„,,-,,..„,.,.„„.,.::.,-i:„.:,;::,„.
.„,,,7,::,'N:,m,,,,,,,,,,"R,,,„—",,,:,,.T,,,":,,.„,,%:-„:,,,„
,„.z,,,.„,..,„.:,,.'„.,,,.-.i
.'..,,:-.,.:,,:.'.-,,,.,..-".-,,,,..,...,:.,','„,.'..:„-....
,':,,
:,,:.:'„:.:::,,,„:,„.:.„:.,:.„,...i,„',.,,.,'",..,.,,:,.',,,:,...:':;1.:.::•:,':,-
,:..::'::,•,,,.!..„.,,„...,.„,,..--„.'„.„.,.:,„.,.,:„::.„,,!.„:.:..,-,.':.„„:.„,•::,,.:.:„,:,!:,,:::.„„,„,.:-..'.:,„:.„,„
.'":,',,"„,,..„,„,..-.'.,„,:.,„,,,..'.:,,...:„„,.,1:..:.:.„,.,'.:,,:,....,.•,•.,
..,.::,:,.„,:'.:.„....,,,;..„,:„..,',„„„:.'..„„.'..:...,'.:„„•.,'.:,•,.:'.:„:,,.,..'.„•.,„,.::,:.,.:.,.:„•:,".:..:•,..„•.:..:•,.:..i".„.:••i.:.,,,„•
„•:..„•,
i,,„-..:•.„,„..,„..::„,.,„-,„,„.,.,,_:,
,.„
„i.„i„.,,..,
,•.,„,:„„,,.
,..,:,,i.„..,,,„.,,...,,I:
„:,„,:,„:t,.,„;,„.,.,-.,.,
„.v.:!.i„:..,,-,
.::„:r,.:,:„.,:„_:i,,,,
` ;>.'Q ° �'' E1'E.....;.:.... ;......: is e. .;:
,
Y
a
. .... ... :: ,:. � .:: ::fir
z ,
{
:\ , „,
�C f spm<. �
a :.:
1x4 a:.
Y
a`:'
2¢T
The City received correspondence from Ada County Highway District, date stamped by the
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 3 5 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
bol 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
Page 12 of 21
K:\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
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
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, ACRD 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.
Page 13 of 21
KAPlanning Depaagle Applica[ions\CM2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
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 ACRD 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 ACRD 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.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 no 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.
COMNIISSION DEL1tSERATION: (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
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.
COMNIISSION 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 site
specific conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document,dated December 16,2019.
Page 14 of 21
KAPlanning DeptTagle Applications\CUA2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 28, 2020, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by two(2)individuals(not
including the applicant/representative)who indicated the following:
• The proposed use will create a minimal amount of additional noise,vehicular and pedestrian traffic
and will be a good addition to the neighborhood.
• A question was raised about registered sex offender(s) living in proximity to the proposed use.
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-06-19 for a conditional use permit fora 24-student(maximum)
"Childcare Facility, Daycare Center" (outdoor preschool), a "Nursery, Plant Materials", and waivers
pursuant to Idaho Code §67-6512(f), for Tamara Jahelka and Miranda Deckwa Jasper, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval with underline text to be added by the Council and strikethrough text to be deleted
by the Council:
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.
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 with more
than six (6) students and nursery (plant materials), however, the applicant can continue the Limited
Horticulture use pursuant to Eagle City Code Section 8-1-2 prior to receipt of the zoning certificate.
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.
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. The applicant is permitted to phase - -• -' . .. - - •' - - •- --• = • • 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 for the portions of fencing that will be replaced by Spring of 2021.The detailed cut sheets and
phasing timeline for fence replacement shall be submitted prior to with the submittal of a design review
application.
Fencing shall be replaced by the following timeline:
1. Fencing along East Dunvon Street on the south side of the property shall be replaced by July 2020.
2. Privacy fencing along the East property line shall be replaced by October 2020.
Page 15 of 21
KAPlanning DeptTagle Applications\CU12019\CUA6-19 Outdoor school-nursery-plant materials ccf.docx
3. Fencing along the canal on the north side of the property shall be replaced by Spring 2021.
8. Provide a revised site/landscape plan showing the existing mature landscaping, complemented with
pollinators, seasonal color, and evergreen herbs : _ .. ._ . •
.. .' - _ _. .
•• - • - -•-- ---. • ' - between the parking lots and both the eastern and western
property lines . . _. ' . .. _ •.. __ . _ . . .
parking lot per:meter The revised site/landscape plan shall include a plant legend and be submitted
pfier-4e with the submittal of a design review application.
9. Provide a revised site plan showing a five foot(5') high fence landscape buffer
• • - -- - .- . . ' - to screen the trash and recycle receptacles prior to submittal of a design
review application. If the amount of trash production exceeds the volume output of a residential
container and the applicant is required to use a commercial receptacle,the applicant shall be required
to construct a trash enclosure to screen the receptacle.If a trash enclosure is utilized,the applicant shall
submit a site plan and elevations of the trash enclosure for review and approval prior to construction.
10. Provide a revised site/landscape plan showing a 1ewfoot(40')wide landscape strip planted with existing
trees and shrubs enhanced with evergreen herbs and seasonal flowers. '• :=-. -.. __ • _ _
Code.The revised site/landscape plan shall be submitted prior to with the submittal of a design review
application.
11. The site plan shows a"small animals"area located on the east side of the property.The"small animals"
area shall be limited to two(2)pygmy goats,two (2) pot belly digs, six CO hens chickens and six(6)
rabbits.Roosters shall be prohibited.
12. All overhead utilities to the site shall be removed and/or placed underground prior to Fall of 2021 to
provide the applicant time to meet with the Eagle Urban Renewal Agency to seek funding assistance.
If the Urban Renewal Agency is unable to provide assistance then this condition shall be revisited by
the City Council as a New Business item at that time. . _ ' .. •_- . __ _.
13. All building and site lighting shall be shielded and otherwise installed in accordance with Eagle City
Code Section 8-4-4-2.
14. Hours of operation for the outdoor preschool shall be limited to the hours between 9,.-A9 7:30 a.m. and
SAA 10:00 p.m. daily . Core hours (hours of regular schedule)to be between
9:00 a.m. and 4:00 p.m. Monday through Friday, with supplemental events during extended hours,
between 4:00 p.m. and 10:00 p.m. daily. - . _ _ .. .._ . _ . _. . .. . . . .. •
15. Hours of operation for the nursery(plant materials)shall be limited to the hours between.7÷88 6:00 a.m.
and 6:A910:00 p.m.Additional operational limitations are as follows:public access to the nursery(plant
materials)shall be ••• -. _ • - e_ .._ , . • • _. _ .. _. _ ..
Saturday, and-shall-lie limited to the hours between 49:A8 8:00 a.m. and X99 9:00 p.m. daily.
Regular hours shall be between 10:00 a.m. and 6:00 p.m. daily. Special events shall be between the
hours of 8:00 a.m. and 10:00 a.m. and between the hours of 6:00 p.m. and 9:00 p.m. daily. Trucking
and transport hours shall be limited to 7:00 a.m.and 10:00 p.m.
18. This permit shall expire within five(5)seven (7)years. An extension of the time limit may be granted
by the City Council,at its sole discretion,if the following findings in accordance with Eagle City Code
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;
Page 16 of 21
KAPlanning DeptTagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
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.
20. A landscape plan prepared by the applicant : '--• -. -. ._ . _ • __ : shall be provided
with the submittal of a design review application. The landscape plan shall be reviewed and approved
by staff and two(2)members of the Design Review Board prior to the issuance of a zoning
certificate.
NOTE: 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 drawings) 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.
Page 17 of 21
KAPianning DeptTagle Applications\CU12019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
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
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. Streetlight 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 streetlight-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
streetlights 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 streetlight 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
Page 18 of 21
KAPlanning DepdEagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx
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.
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
Page 19 of 21
KAPlanning Depaagle Applications\CUN2019\CU-06-19 Outdoor school-nursery-plant materials ccf.dcex
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
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 Council 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 ["Nursery, Plant Materials" and "Childcare
Facility, Daycare Center" (outdoor preschool)] 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 since Eagle City Code contains provisions which allow for the approval
of the uses "Nursery, Plant Materials" and "Childcare Facility, Daycare Center" (outdoor
preschool) 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 uses 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 and since the daycare
center (preschool) will be limited to a maximum of 24-childern;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since landscaping and
flower and lavender fields buffer the adjacent neighbors and since the daycare center (preschool)
will be limited to a maximum of 24-children;
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water (domestic well) 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
Page 20 of 21
K:\Planning Dept\Eagle Applications\CU\2019\CU-06-I9 Outdoor school -nursery -plant materials ccf.docx
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, since the existing landscaping will be maintained,
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 Council 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
are appropriate since the site will become a nursery and will contain landscaping throughout the site;
and the proposed alternate fencing plans are appropriate to mitigate safety and privacy concerns and
will be constructed along the east and north property lines as conditioned herein.
3. In accordance with Idaho Code §67-6512(f),the Council 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 Council 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 11th day of February 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
0,0011170/5,,,,,
cfpierce, Mayor so (
..••••
ORP0
* C 4) ••
s�
ATTEST: ` • l'}
••i !Y •
,1
moi°<<,O•
•••••+• � ♦♦
Sharon K. Bergmann, Eagle City lerk ° p/Dt�'� ,,,•♦
°•••t!!!l%sso0
Page 21 of 21
K:\Planning Dept\Eagle Applications\CU\2019\CU-06-19 Outdoor school-nursery-plant materials ccf.docx