Findings - CC - 2011 - CU-03-11 - Cup To Operate Daycare/0.47 Acre 333 W State St BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A CHILDCARE FACILITY(DAYCARE )
CENTER)FOR JUST LIKE HOME )
FAMILY DAYCARE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-11
The above-entitled conditional use application came before the Eagle City Council for their action on
October 25, 2011, 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 DESCRIPTION:
Just Like Home Family Daycare, LLC, represented by Amanda Collins, is requesting
conditional use permit approval to operate a childcare facility(daycare center). The 0.47-
acre site is located on the south side of West State Street approximately 100-feet west of
South Kestrel Place at 333 West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 7:00 PM, on Friday, August 5, 2011, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on August 8, 2011.
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 August 29, 2011. Notice of this public hearing
was mailed to property owners within three-hundred feet(300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on August 25, 2011. The site was posted in accordance with the Eagle City Code on
September 7, 2011. Requests for agencies' reviews were transmitted on August 9, 2011 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 October 3, 2011. Notice of this public hearing was mailed to property owners
within one thousand feet (300-feet) of the subject property, in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 28,
2011. The site was posted in accordance with the Eagle City Code on October 14, 2011.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 10, 1995,the City Council approved a design review for Vicar's Attic(DR-15-95).
On December 2, 1996 the Planning and Zoning Commission approved the signage for Vicar's
Attic (DR-19-96).
On December 5, 1996, a staff level design review modification was approved for the other
building located on the site(DR-11-96).
On December 13, 2005, a staff level design review portable sign application was approved (DR-
78-05).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD(Central Business Vacant building
District)
Proposed No Change No Change Childcare facility(daycare
center)
North of site Downtown CBD(Central Business Commercial building
District) (restaurant and retail)
South of site Residential Four R-4 (Residential—up to four Residential(Kestrel Cove
(4) units per acre maximum) Subdivision)
East of site Downtown CBD(Central Business Multi-tenant commercial
District) building
West of site Downtown CBD (Central Business Residential (Eagle West
District) Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Transitional Development Area(TDA)overlay district.
H. EXISTING SITE CHARACTERISTICS:
The property consists of two (2) commercial buildings, parking area (16-parking spaces),
and access to West State Street. The site is landscaped pursuant to a previously approved
design review application.
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SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.47-acres (20,473-square 500-square feet(minimum)
feet)
Percentage of Site Devoted to Building 16.9% 20% minimum
Coverage 85%maximum
Percentage of Site Devoted to 25.2% 10% (minimum)
Landscaping
Number of Parking Spaces 16-parking spaces 19-parking spaces*
Front Setback 70-feet(approximate) 10-feet(minimum)
25-feet(maximum)*
Rear Setback 163-feet(approximate) 0-feet(minimum)
Side Setback 30-feet(west) 10-feet(maximum)*
(approximate)
Side Setback 16-feet(east) 10-feet(maximum)*
(approximate)
* Note — Parking calculation based on uses and square footage of both buildings located on-site.
Setbacks are based on requirements for the Transitional Development Area overlay.
J. PARKING ANALYSIS: (see attached site plan for context of building and parking lot locations)
BUILDING"A"(1,300-square feet)
Childcare Facility(Daycare Center)(proposed use in Building"A")
1,300-square feet
• Eagle City Code Section 8-4-5 requires 3 parking spaces for each classroom but not less
than 9 parking spaces for the entire building.
Total: 9-parking spaces
MULTI-TENANT BUILDING"B"(2,464-square feet)
Office Space:
2,464-square feet
• Parking requirements pursuant Eagle City Code Section 8-4-5: 1 parking space per 250-
square feet of gross floor area:
2,464-square feet-250= 10-parking spaces
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COMBINED REQUIRED TOTAL FOR BUILDING"A"AND BUILDING "B"
Building A: 9-parking spaces
Building B: 10-parking spaces
Total: 19-parking spaces
COMBINED PROPOSED TOTAL FOR BUILDING"A"AND BUILDING "B"AS SHOWN
ON THE SITE PLAN DATE STAMPED BY THE CITY ON AUGUST 8, 2011
Total: 16-parking spaces
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
There are two (2) existing buildings located on-site. The building where the proposed
childcare facility is to be located is currently vacant. The other building located south of
the vacant building is being utilized as professional office space.
Height and Number of Stories of Proposed Buildings:
The subject building is two (2) stories and does not exceed the 35-foot height limit as
required pursuant to Eagle City Code.
Gross Floor Area of Proposed Buildings: 1,350-square feet
On and Off-Site Circulation:
Access to the site is provided via a driveway located at the northwest corner of the site that
provides connection to West State Street. The driveway provides access to the building
where the proposed childcare facility is to be located and the office building also located
on the site.
L. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Water Company, Eagle Sewer District, and the Eagle Fire
Department.
M. PUBLIC USES PROPOSED:None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—adjacent to the perimeter of the site.None are proposed to be removed.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
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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. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—Indicated that ACHD has no site specific conditions of approval
since all improvements exist abutting the site.
Central District Health Department — Indicated the applicant will need to contact the health
district regarding licensure requirement
Chevron Pipe Line—No conflict with the pipe line
Eagle Fire Department—Indicated that they have no objection to the application and support its
approval. All access roadways,fore hydrant locations, and required fire flows are adequate.
Eagle Sewer District—Due to the change of use the District will need to review construction plans
for review of possible impacts to the sewer system and assessment of additional fees.
United Water of Idaho—Indicated that the site is located outside of their certificated water service
area.
R. LETTERS FROM THE PUBLIC (attached to a staff memo dated October 21, 2011):
Email correspondence received from Lindsay DeCloss, dated October 20, 2011, in support of the
application.
Correspondence received from Tamara M.Nagoda, date stamped by the City on October 21, 2011,
in support of the application.
Email correspondence received from Shannon White, dated October 21, 2011, in support of the
application
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
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:
• The Comprehensive Plan Land Use Map (adopted February 3, 2011) designates this site as
Downtown.
Downtown
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A
variety of business, public, quasi-public, cultural, residential and other related uses are
encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are
encouraged. Land within this district is the only place to utilize the CBD zoning
designation. Other zones within Downtown Eagle may include Mixed Use,
Residential, Commercial, and Professional Office.
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. This use excludes the case of: a) the operator's
children or legal wards or children related by blood or marriage, b)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 that a Childcare Facility (Daycare center) requires a
conditional use permit within the CBD zoning district.
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• Eagle City Code Section 8-2A-6 (D) Transitional Development Area:
8-2A-6(D)(3) Setbacks and Lot Coverage: To the extent the setback and lot coverage
requirements set forth below conflict with section 8-2-4 of this chapter, the setback
requirements below shall control:
a. Front building setbacks from the property line shall be a minimum of ten feet(10')to a
maximum of twenty five feet(25').
b. Side building setbacks may be zero feet(0')so as to tie into adjoining structures or ten
feet(10')maximum where ties to adjoining structures are not desirable.
• Eagle City Code, Chapter 4 Off Street Parking and Loading
8-4-2 Application of Provisions
A. No building or structure shall be erected, substantially altered, or its use changed
unless permanently maintained off street parking and loading spaces have been
provided in accordance with the provisions of this title.
B. The provisions of this chapter, except where there is a change of use, shall not
apply to any existing building or structure. Where a new use involves no additions
or enlargements,there shall be provided as many such spaces as may be required
by this title.
C. Whenever a building, structure, or use, constructed or changed in use after the
effective date hereof, is changed or enlarged in floor area, number of employees,
number of dwelling units, seating capacity, or otherwise to create a need for an
increase in the number of existing parking spaces per this title, additional parking
spaces shall be provided so that the existing building, structure, or use, and
proposed enlargement or change in use, shall then and thereafter comply with the
full parking requirements set forth herein.
D. If more than one use is located on the site,the number of off street parking spaces
shall be equal to the sum of the requirements prescribed for each use unless a
joint/collective parking facility is approved as provided for in section 8-4-4-3 of
this chapter.
• Eagle City Code Section 8-4-4-5 Parking in Lieu Payments:
Within the central business district, as defined by the city of Eagle comprehensive plan,
the required number of parking spaces may be met by a cash in lieu payment to the city
prior to issuance of a building/zoning permit or certificate of occupancy, whichever occurs
first. The fee shall be for the city to provide public off street parking in the vicinity of the
use, the maximum distance of which shall not exceed the maximum distance permitted by
this title. The fee shall be five thousand seven hundred dollars($5,700.00)per space, or
such sum as may be adopted by resolution of the city council. In addition to the above fee
the owner shall be required to pay an annual per space maintenance fee as shall be
determined by resolution of the city council.
The city shall not provide more than twenty(20) spaces for any single use without the
specific approval of the city council. When considering in lieu payments the city may set
limitations on the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be
placed into a special and separate parking improvement and acquisition account to be used
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solely for the purchase and improvement of municipal parking lots and structures to be
located within the central business district, as defined by the city of Eagle comprehensive
plan, and may be for use by the general public.
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Type Of Use Off Street Parking Spaces Required
Childcare daycare center 3 for each classroom but not less than 9 for the
building
Offices, business and professional 1 per 250 square feet of gross floor area
Storage(enclosed building and/or 1 per 1,000 square feet of gross storage area
fenced area)
• Eagle City Code Section 8-5-2 Authority to Continue Nonconforming Use:
If a lawful use involving individual structures, or of a structure and land in combination, exists
at the effective date hereof that would not be allowed in the district under the terms of this
title,the lawful use may be continued so long as it remains otherwise lawful, subject to the
following provisions:
A. Additions Or Alterations: No existing structure devoted to a use not permitted by this title
in the district in which it is located shall be enlarged, extended, constructed,reconstructed,
moved or structurally altered except in changing the use of the structure to a use permitted
in the district in which it is located.
B. Expansion: No nonconforming use shall be extended to occupy any additional land area.
C. Change Of Nonconforming Use: If no structural alterations are made, any nonconforming
use of a structure and land may, upon the issuance of a conditional use permit by the
council, be changed to another nonconforming use;provided,that the council shall find
that the proposed use is equally appropriate or more appropriate to the district than the
existing nonconforming use. In permitting such change,the council may require
appropriate conditions and safeguards in accord with other provisions of this title.
D. Change To Conforming Use: Any structure, or structure and land in combination, in or on
which a nonconforming use is superseded by a permitted use shall thereafter conform to
the regulations for the district, and the nonconforming use may not thereafter be resumed.
E. Discontinuance Of Nonconforming Use: When a nonconforming use of a structure, or
structure and land in combination, is discontinued or abandoned for more than one year
(except when government action impedes access to the premises),the structure, or
structure and land in combination, shall not thereafter be used except in conformity with
the regulations of the district in which it is located.
F. Elimination Of Nonconforming Structure: Where nonconforming use status applies to a
structure and land in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
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• Eagle City Code Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
C. DISCUSSION:
• The applicant is requesting approval to operate a childcare facility (daycare center) within the
CBD (Central Business District) zoning district. The existing building where the proposed use
is to occur was previously approved through design review for retail use (DR-15-95) prior to
the city's adoption of the design review overlay districts. The applicant should be required to
submit a design review modification application for the change of use of the building from
retail to childcare facility. The design review modification should be reviewed and approved
by the City prior to the City issuing a zoning permit for the childcare facility use.
• The site is also located within the Transitional Development Area (TDA) overlay district as
shown in the Eagle Architecture Site&Design (EASD)book. The front building setback for a
structure located within the TDA is a minimum of 10-feet to a maximum of 25-feet and the
side setback may be zero feet (0') so as to tie into adjoining structures or 10-feet maximum
where ties to adjoining structures are not desirable. The previously approved design review
application (DR-15-95) was approved prior to the city's adoption of the design review overlay
districts. The existing structure is currently a nonconforming use in regard to setback
requirements within the TDA. Pursuant to Eagle City Code 8-5-2, if a lawful use involving
individual structures exists at the effective date of the code that would not be allowed in the
district under the terms of the title, the lawful use may continue subject to the following
provisions:
A. Additions Or Alterations: No existing structure devoted to a use not permitted by this
title in the district in which it is located shall be enlarged, extended, constructed,
reconstructed, moved or structurally altered except in changing the use of the structure
to a use permitted in the district in which it is located.
B. Expansion:No nonconforming use shall be extended to occupy any additional land
area.
C. Change Of Nonconforming Use: If no structural alterations are made, any
nonconforming use of a structure and land may,upon the issuance of a conditional use
permit by the council, be changed to another nonconforming use; provided, that the
council shall find that the proposed use is equally appropriate or more appropriate to
the district than the existing nonconforming use. In permitting such change,the
council may require appropriate conditions and safeguards in accord with other
provisions of this title.
The applicant is not proposing any structural alterations to the building. Since no structural
alterations are being made, with the approval of a conditional use permit the nonconforming
use may be changed to another nonconforming use, provided, that the council finds that the
proposed use is equally appropriate or more appropriate to the district than the existing
nonconforming use. Previously there was a retail business located within the existing structure
and the applicant is proposing to operate a daycare at this location. Since the applicant is not
proposing an outside play area or play equipment the impact to the area should be no more
intensive than a retail business that is open during normal business hours. The site also
contains several deciduous trees adjacent to West State Street and the east property line that
would need to be removed to either construct a new building or move the existing building to
be in conformance with the required setbacks associated with the TDA.
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• The applicant provided a site plan, date stamped by the City on August 8, 2011, that shows
two (2) buildings, 16-parking spaces, and landscaped areas located on the site. The two-story
existing structure(building"A")where the daycare is proposed to be located consists of a total
of 1300-square feet of floor area. The applicant submitted a floor plan, date stamped by the
City on August 16, 2011, that shows four (4) rooms (excluding the bathroom and kitchen)
located on the ground floor and two (2) rooms located on the second floor. During
conversation with the applicant staff determined that the applicant is not proposing to use each
room as a separate classroom. The applicant also indicated that they are proposing to use the
second floor as an office for the business. Pursuant to Eagle City Code, the parking
requirement for a childcare-daycare center is three (3) for each classroom but not less than
nine (9). Since the applicant is not proposing separate classrooms the number of required
parking space would be nine (9). Also, located on the same site is a 2,454-square foot office
building (building "B"). Pursuant to Eagle City Code, the parking requirement for offices
(business and professional) is one (1) per 250-square feet. The number of required parking
spaces for the office use would be ten (10). The total required parking for the site with the
proposed daycare would be 19-parking spaces.
• The applicant provided a narrative, date stamped by the City on August 8, 2011, which
addresses the general standards for approving a conditional use permit. Within the provided
narrative there is no indication that the applicant is proposing to provide an outdoor play area
or additional play equipment to be used by the children attending the daycare. If the applicant
desires to have an outdoor play area or play equipment in the future the applicant should be
required to submit an application for a modification to the associated design review
application.
• The applicant provided correspondence she received from Lynn Moser with Eagle Sewer
District, date stamped by the City on August 22, 2011, which indicated that based on the type
of use and that no more than 25 children will be in attendance the proposed use will utilize the
same amount of sewer capacity as one (1) single-family equivalent connection to the sewer
system. The correspondence also indicated that there is one(1) single-family connection credit
and the proposed project will need no additional single-family equivalent connections.
• 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 this
title (Eagle City Code Title 8) since a childcare facility (daycare center) located
within the CBD (Central Business District) zoning district is permitted if a
conditional use permit is approved by the City Council;
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 within this application
and of a design review application. The site is also located within the Transitional
Development Area (TDA) overlay district and the location of the structure is not
in conformance with the front and side setback requirements of the TDA. Since
the applicant is not proposing any structural changes to the proposed childcare
facility (daycare center) and pursuant to Eagle City Code 8-5-2, a nonconforming
use may changed to another nonconforming use with the approval of a
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conditional use permit. Also, the site contains several deciduous trees adjacent to
West State Street and the east property line; leaving the structure at its current
location will allow for the preservation of the trees;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the applicant is proposing to use the existing building and is not proposing
any changes to the building;
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 since the
childcare facility will be located within an existing building and services are
already provided.
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 infrastructure is already in place to serve the proposed
childcare facility;
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;
in regard to noise, since the applicant is not proposing to have an outdoor play
area and the property is located to West State Street(minor arterial).
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the access
point to West State Street was previously constructed; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 19, 2011, 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 the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Aizpitarte absent) to recommend approval of CU-03-11 for a
conditional use permit for a childcare facility(daycare center)for Just Like Home Family Daycare,
LLC, with the staff recommended site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document, dated September
15, 2011.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 25, 2011, at which
time testimony was taken and the public hearing was closed. The Council made their decission at that
time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the City Council by two individual (not
including the applicant/representative)who indicated they were in support of the application.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-03-11 for a conditional use permit for a childcare facility
(daycare center) for Just Like Home Family Daycare, LLC, with the following Planning and
Zoning Commission recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the childcare facility(daycare center)use is approved with this conditional use permit(ECC
8-2-3).
2. No outdoor play areas or equipment are proposed with this application and none are approved.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
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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. 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 used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
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first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected 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 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.
15. 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.
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 Flood Plain (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
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requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change
from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning
Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on-site at 7:00 PM, Friday, August 5, 2011, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on August 8, 2011.
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 August 29, 2011. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on August 25, 2011. The site was posted in accordance
with the Eagle City Code on September 7, 2011. Requests for agencies' reviews were transmitted on
August 9, 2011 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 October 3, 2011. Notice
of this public hearing was mailed to property owners within one thousand feet(300-feet) of the subject
property, in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on September 28, 2011. The site was posted in accordance with the Eagle City Code on October
14, 2011.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-03-11) in terms of Eagle City Code Section 8-7-3-2, "General Standards For
Conditional Uses"and has concluded that the proposed conditional uses:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) since a childcare facility (daycare center) located
within the CBD (Central Business District) zoning district is permitted if a
conditional use permit is approved by the City Council;
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 within this application
and of a design review application. The site is also located within the Transitional
Development Area (TDA) overlay district and the location of the structure is not
in conformance with the front and side setback requirements of the TDA. Since
the applicant is not proposing any structural changes to the proposed childcare
facility (daycare center) and pursuant to Eagle City Code 8-5-2, a nonconforming
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use may changed to another nonconforming use with the approval of a
conditional use permit. Also, the site contains several deciduous trees adjacent to
West State Street and the east property line; leaving the structure at its current
location will allow for the preservation of the trees;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the applicant is proposing to use the existing building and is not proposing
any changes to the building;
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 since the
childcare facility will be located within an existing building and services are
already provided.
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 infrastructure is already in place to serve the proposed
childcare facility;
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;
in regard to noise, since the applicant is not proposing to have an outdoor play
area and the property is located to West State Street(minor arterial).
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the access
point to West State Street was previously constructed; and
L Will not result in the destruction,, loss or damage of a natural, scenic or historic
feature of major importance.
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 1st day of November, 2011.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho ,,....
Cv';Y pFtic,\,;
if. 6�) } CORpO� �
es D. Reynolds, Mayo / m. TA
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4-0/1 cALv L IF/ �JED l w,•\....
c_ ..4j , 7,74,0 41-6or
Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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