Findings - CC - 2016 - CU-15-16 - Cup To Operate A Private School/Childcare/30 Kids/0.33 Acre/342 E Id St.DI all WIAA WUNI
The above -entitled conditional use permit application came before the Eagle City Council for their action
i,n July 26, 2016, 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 SUVUU4,W�—�
Brooke Van Horn, represented by Brenda Van Horn, is requesting conditional use permit approval
to operate a private school/childcare facility (preschool through 61h grade) for the care and
instruction of up to thirty (30) children. The 0.33 -acre site is located on the north side of East
Idaho Street approximately 115 -feet east of the intersection of North 2nd Street and East Idaho
Street at 342 E, -?.;t IdaVzr&T-eet.
■
A Neighborhood Meeting was held on-site at 6.00 PM, on Thursd.y, February 25, 2016,
C-0-mT- ?Yx
item was received by the City of Eagle on March 22, 2016.
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
July 7, 2016. Notice of this public hearing was mailed to property owners within three -hundred
I
Idaho Code and Eagle City Code on June 30, 2016. The site was posted in accordance with th'w
Eagle City Code on July 8, 2016.
Page I of 14
K itnniq DcpiT-40c AppficalianTU-10116 CUAS6 Childcare radlity ccf doe
1n August
fII Design Reviewrecommended .pp + design review
application f f office building (DR-78-04).
#n September 14, 2004, the Eagle City Council - r'
sign review application to convert a
qingle-family dwelling into an office (DR -78-04).
August 00 the Design v Board recommended approval of a design revie
plication for a mo ' 11
#n September 4 2004,approved a design reviewapplication
Eventsmonument sign for SpotLight
E ■ i
COMP PLAN
ZONING
DESIGNATION
CBD(CentralBusiness
School/Childcare
Facility
I ,.R
l Residential
Single -Family
(Eagle Village Subdivision
1.
South of site
CBD (Central Business
�_ I�do Street/Eagle Senior
D
East of site
CBD (Central Business
Proposed Single -Family
Residential , (Carpenters - Third
_-AdditionI
West of site
CBD Business
ingle-FamilyResidential
District)
(Carpenters Third Addition)
Page 2od'94
IC'Tlanning riept alt: ApplicatianSTILA2NMCU-0546 ChAdcaae Facility cefda t:
The site consists of two (2) buildings; one primary building (proposed private school/childcare
facility) and one (1) garage/storage building. There is also an existing paved parking lot and
w alire trees OT fi e site.
Site Data Proposed Reguired
Total Acreage of Site 0.33 -acres (14,282 -square 500 -square feet (minimum)
feet)
—Percentage of Site Devoted to Building 17% (approved with DR -78- 20% (minimurn)*
Coverage 04) 85% (maximum)*
Percentage of Site Devoted to 68% 10% (minimum)
Landscapin
Number of Parking Spaces 8 -parking spaces 9 -parking spaces
Front Setback (South) 25 -feet 10 -feet (minimum)*
25 -feet (maximum)*
Rear Setback (North) 43 -feet 0 -feet (minimum)*
Side Setback (West) 8 1/2 -feet —TO -feet (maximum)*
Side Setback (East) 3 1 -feet O -feet (minimum)*
*Note: Required lot coverage and setbacks when located within the TDA.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings:
The site consists of two (2) existing buildings. The primary building is proposed to be used for the
private school/childcare facility. The garage/storage building is proposed to be used for indoor
instructional activities associated with the private school/childcare facility.
Height and Number of Stories of Existing Buildings:
The existing main structure and garage/storage building are of approximately 17 1/2 -feet high,
one story.
Gross Floor Area of Existing Buildings:
Primary building= 1,317 -square feet
Storage building= ],I 19 -square feet
Total = 2,436 -square feet
On and Off -Site Circulation:
A 3,792 -square foot (approximately) parking area, of which 2,162 -square feet (approximately) is
paved with asphalt and 1,630 -square feet (approximately) is grass crete, is provided for vehicles
using this site. One 12 -foot wide driveway is located on the south and east side of this site
approximately 4 -feet west oft e east property line accessing East Idaho Street.
Page 3 of 14
K TlaWpg DepzWA& Applicafianz"4I10 MD5-16 Mldram. FA61ily ccfdoc
K. PARKING ANALYSIS:
FloorGross 2,436 -square
classrooms:Number of
Eagle City Code Section 84-5 requires 3 parking spaces for each classroom and not less than
' for the entire buildingor Childcare Facility — daycare center).
Total parking spacesproposed: 8 parking spaceson-site, -- The applicant proposes t.
add an additional on-site parking space (as conditioned herein).
M. PUBLIC PROPOSED: ■ proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
•
F r 1
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees —yes — several mature trees located adjacent to the eastern property Ii e.
Irian Vegetation — no
Steep Slopes —no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils— unknown
Wildlife Habitat — unknown
P OFREVIEW OF PLAN (IF REQUIRED):
Not + e di
• ' "
The following agencies have responded and their correspondence is attached to the J'
Comments, which appear to be of special concern, are noted below:
Ada CountyHighway i Departmentsit
DistrictCentral
Eagle Fire Department
Idaho Transportation Department
Republic
Tesoro LogisticsPipeline NW
11`111 9-Lqff97ET&-r9n'
The Commission/Council particular 1 circumstances of each proposed
such use at the proposed location:
A.Will, infact, II l 1 oestablishedSection4-this title(Eagle
Page 4 of 14
K \Planning DepMagla hpplicalionslCUt10161CU•05.16 Child= Facility ccf doc
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
IIIIIIIIIII l�illilli�l 11111111111 111 1 iilin� 111111�!1111111 !11 111111p�111
I I I I 1 11 Iii, 140, 1 . 4
Chapter 6 — Land Use
MPFIPMMM!� i =
Suitable primarily for development that accommodates and encourages further expansion ar
e
Pedest'i
PI
'ged
Jf
ura
quasi -public, cultural, residential and other related uses are encouraged. The Pedestri
friendly uses and developments are encouraged. Land within this district is the only place
n
utilize CBD zoning designation. Other zones within Downtown Eagle may include Mix
Use, Residential, Commercial and Professional Office.
Page 5 of 14
X Tionmg DeplEagk ApplintionSTM2016T4.-45-16 Childcam radity cddac
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
TWIS P1?,OP0SAL:
IMMI'M 111:11111IT11i Ill �� MMM�
I I — . Djt.ftcqv---il: A - ' 9]0-LXSX,#M
usually unaccompanied by the children's parents, guardians or custodians, and regardless
whether the facty does or does not provide instruction. This use excludes the case of : a) t
operator's children or legal wards or children related by blood or marriage, b) occasion
,I
personal guests, and c) children aged (12) years and over. Any home, place, or facili
providing overnight custodial services for lodging or boarding for the occupants therein sh
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.
114: 9 15911. 1-3 ill', !! 11,11 9111MMAITS74110
9-CHOOLS, PUBLIC OR PRIVATE: An institution of learning that offers academic
-'School" includes kindergarten, elementary, middle, junior high, and senior high. Privately
funded schools whose curriculum meets the state of Idaho standards shall be included in this
.iefrmitio,T.
MUM =121'11 1' 1 1'' X I M-11101171
MEMRM��
To permit the establishment of areas for commercial uses allowed in other commercial zon
and commercial uses which are more intensive than those permitted in other commerci
zones. Uses that complement rather than compete with the uses allowed within the CB
zoning district shall be encouraged.
• Eagle City Code, Section 8-2-3 states, in part, that a Childcare Facility located within a CB.
I
(Central Business District) zoning district requires the approval of a conditional use permit.
• Eagle City Code, Section 8-2-3 states, in part, that a Private School located within a CB.
(Central Business District) zoning district requires the approval of a conditional use permit. 'I
* Eagle City Code Section 8-4-5 Schedule of Parking Requirements:
In accordance with subsection 8-4-1 (A) of this chapter, parking spaces for other pennitted or
�i� i -W -MM Amon the factors—
for determining the number of spaces to be required for a use not listed herein, the
administrator shall compare the proposed use with a use which has similar traffic generating
characte-ristics m&YflinL1 in the mlist recent versi:tr. iff tke izsti�ll ezgimeen
trip generation manual.
Childcare Facility — daycare 3 for each classroom but not less than 9 for the
center building
Page 6 of R
Eagle City Code, Section 8-7-3-2 General Standards for Conditional Use:
The Comm iss ion/Counc i I 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 harTnonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
1. 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 Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be
attacbed 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.
E. Transfer of Permit: A conditional use permit is not transferable from one parcel of land
another. Conditional use permits are an entitlement to the specific property on which th
approval was granted and upon any transfer of title for the property the conditional use
permit transfers to the new owner(s) without further application or approval, provided,
however, the new owner(s) shall be bound by the same conditions of approval applicabi
Page 7 of 14
KAPIanning DcpAEaWe ApplicationsTWO161CU-05-16 Childcue Facility eddoc
?cknowledgement 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 pen -nit for the parcel, whichever event occurs later;
city
! oermit be declared • 1after noticeand vublic hearinabefore.
STAFF RECOMMENDATION PROVIDEDWITHIN THE STAFFREPORT: +R,.
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC 1 OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 16,
!at which time testimonyCommission that the applicant
noise mitigation plan and continued the hearing to June 6, 2016, at which time the Commission
received additional testimony, received a noise mitigation plan, and closed the public hearing. 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 one (1) individual, who indicated the following concerns-.
• The school was opened and continued to be open without official approval from the City.
• If the site was used as a residence, the children would eventually age and leave, while a school
would perpetually bring young children to the neighborhood.
individual !appropriate location for !!
• A better traffic flow pattern would make the school more appropriate at this location.
• The children can be noisy during outside play times.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
five (5) individuals, who indicated the following:
kids arenot extremelyloud.
school• The school would contribute to Eagle's family -friendly environment.
is nomoredisruptive construction.
• The majority of schools in the area are located within residential neighborhoods without problems.
• The school is good for the community because it is generating students that have a connection to
their school.
testimony• The school is good for the community because the students do well on standardized tests.
D. Oral `: opposition !favor1theapplication presented !+ . Planning and
childrenZoning Commission by three (3) individuals who indicated-
# # 1'noisy.
• It was a good location for a school.
• There were concerns about the school's potential effects on surrounding property values -
The school could put hardship on neighbors if approved. A site specific condition regarding noise is
needed.
The drafters of the city ordinances may not have considered children as a source of noise.
Page8 of I4
K (planning UapAEagle ApplicationAM20161CUM, V Childcare Eadiity ccf Bloc
• Recess could be reduced to limit the amount of time children spend outside in order to minimize noise.
• It woulL be hard to deny the application based on noise considering that it is located within the Central
Business District.
• Closing an operating school while the City made a decision would have a negative impact on the
students.
• ACHD had responded to the application and had billed an impact fee to accommodate the increase in
traffic.
• The teachers should work on encouraging quiet playtime outside.
• The school is doing a good job at making an effort to mitigate noise.
COMMISSION DECISION:
The Commission voted 3-0 (Wright and Villegas absent) to recommend approval of CU -05-16 for 5!
conditional use pen -nit for a private school/childcare facility for Brooke Van Horn with the site specific
conditions of approval and standard conditions of approval provided within their findings of fact and
conclusions of law document, dated June 20, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 26, 2016, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by three (3) individuals
one (other than the applicant/representative) who indicated the following:
• The City of Eagle would benefit from a private school located at the proposed location.
• Private schools attract people to the community.
• The community benefits from the private school since the operators of the school make purchases
from local businesses.
• The private school will be a great addition to the community,
• The Council and the Urban Renewal Agency should explore the option of adding sidewalks
adjacent to the intersection located in proximity to the site.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU -05-16 for a conditional use permit for private school/childcare
facility for Brooke Van Hom with the following Planning and Zoning Commission recommended site
ipecific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I . A private school/childcare facility with a maximum of thirty (30) children is the only use 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 zoning certificate or upon receipt of an invoice by the
City, whichever occurs first.
3. The applicant shall obtain a zoning certcate prior to operating the private school/childcare facility
(ECC 8-7-2[Al).
Page 9 of 14
K Wanning DeptTzgle AppRutionATWO116TU-05-V6 Childcare h6fity ccrdoc
4. The applicant shall submit a design review modification application for the change of use 'of !
building from an office to a private school/childcare facility. The design review modificati
application shall be reviewed and approved by staff prior to the issuance of a zoning certificate (EC
5. Any changes to the building or site (i.e.: additions, exterior paint colors, playground equipmeril
additional fencing, etc.) requires the submittal of a design review application showing elevatiotm
and/or site plans showing the proposed changes. The design review application shall be reviewed a
approved prior to the issuance of a zoning certificate (ECC -8-2A-1 7). 1
C The hours of operation shall be limited to Monday through Friday, 8:00 a.m. — 6:00 p.m.
7. Outdoor activities (i.e.: recess) shall be limited to a maximum of 90 minutes a day and shall occ
between the hours of 9:00 a.m. and 6:00 p.m.
8. Due to on-site parking limitations, the use is limited to three classrooms. The addition of a
classroom(s) will require a modification of this conditional use permit.
5. The applicant shall be required to pay the required traffic impact fee of $977.92 to Ada Court
I
Highway District prior to the issuance of a zoning certificate.
10. Provide a revised site plan showing the addition of one (1) parking space. The revised site plan shall
submitted prior to the submittal of a design review application. I
11. Sound mitigation measures consistent with the provided noise mitigation plan, date stamped by the
City on May 31, 2016, shall be installed no more than thirty (30) days after final approval from the
Design Review Board.
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.
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 facties 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 & 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 pennitted, 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
Page 10 of 14
K Tinning DepOE2910 Appdicmri�on.a"rU2'1tl''C,.r.".�1'6II: hildcare Faaky ed da
MM
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
chall be submitted to the City Engineer for review and approval prior to issuance of any building
`R Occupancy,occurs
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
?pproved 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.
runoff shall cross any lot line onto another lot except within a drainage easement.
All design R calculations shall meet the requirementsof Ada
Construction of the stonn drain disposal system shall be complete before an occupancy permit is
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by a7n
organizedirrigationdistrict,. .company,ditchassociation, or other shall 1
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) h
been made in such a manner that the flow of water will not be impeded or increased beyond carryi
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Wor
R • copy R `-approval 1 certification { s 1
drawing and submitted to the City prior to issuance of any building permits or Certificate
Occupancy, whichever Occurs first.
V 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
irrigationwaterRirrigationwater withoutthe express written/ Y R !'theorganized
heightirrigation 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 fro
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, #
the Ci
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupanc
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
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated pubi
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occu
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of t
street lights shall be the responsibility of the applicant.
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
lights used to illuminate the parking lot shall be
adjoining prR {
Page i i of 14
}C t&°iannRng CJPITISiC hpp3.:C16Qn5T. 006TU-0S-H6 ChAdam Fadtity caf d€ c
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
I'. ust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall 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
• first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit •' Certificate of Occupancy, whichever • first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other are
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkwa
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of
building permit or Certificate of Occupancy, whichever occurs first.
— ervat*on '. recreation and river access easements 'if aflpilicabW, shall be a-ifcroved bp the Ea le Cil
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a buildin
permit or Certcate of ■ whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain an
river protection regulations (if applicable) prior to issuance of a building pen -nit or Certificate c
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects Of the Bois
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit C
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or otht
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Wat(
Resources and/or any other agency having jurisdiction prior to issuance of a building perrmit c
Certificate of Occupancy, whichever occurs first.
• Basements in the flood plain are prohibited.
20.
• Americans with Disabties Act, Uniform Building Code, Eagle City Code, and all applicab]
County, State and Federal Codes and Regulations shall be complied with. All design and constructio
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by th
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff ma
elect to take those plans to the Design Review Board and1or the Planning and Zoning Commission ft
review and approval.
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K Osming DqlSaoe AppliraqiomCUU45WCU-046 Chit Faddy ccfdor
22. Any changes to the plans and specifications upon which this approval is based, other than tho
required by !!conditions,! ! of it f for f1 a 1
sought.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 applicatio
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulato
and legal restrictions in force at the time the applicant or its successors in interest advises the City
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of sa
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
signed24. No change in the terms and conditions of this approval shall be valid unless they are in writing anroll
by the applicantor R r authorized representativeand an authorizedrepresentativeI
the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any chan
from of
25. Approval of any Design Review shall expire without notice to the applicant on the date of expirati
of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoni
Commission :if ! f,
appearance26. The City's actions on the application does not grant the applicant any appropriation of water
interference with existing water rights. The applicant indemnifies and holds the City harninless for a
and all water rights, claims in any way associated with this application.
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU -05-
16) 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 Section 8-2-3 of this title (Eagle City
Code Title 8) for the zoning district involved since a private school/childcare facility requires
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), since there are no
inconsistencies with the Comprehensive Plan and Eagle City Code contains provisions which
allow for a private school/childcare facility to be located within the CBD (Central Business
District) zoning district with the approval of a conditional use permit;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
or ! ! character of ! that such use will not
change the essential character of the same area since the private school/childcare facility will be
located within an existing building;
noiseD. Will not be hazardous or disturbing to existing or future neighborhood uses since the applicant is
required to provide a fence around the play area and provided matting in the breezeway area for
!conditioned
E. Will be served adequately /essentialpublic facilitieshighways, streets,police ifire
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 site is already developed and served by Eagle Sewer District, Eagle
Water Company, andEagle FireDepartment;
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K'Panrunn DaptTmoe AppHiomlionz`f.LR20116\CU-ins®06 ChMemr! IFadbly rd.doc
excessiveF. Will not create additionalrequirementspublic A publicd services
fiwill not be detrimental to the economicwelfare of the community
already place -structure;
involveG. Will not -processes, equipment andconditionsoperationthat
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors since the applicant will be required to
provide noise mitigationto reduce the sounds• " from childrenplaying outdoors;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding!- existingw
1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since any and all natural features such as existing tress are required to remain on the
site; there are no scenic or historicof major
2. 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.
1 'm3m
CIrT * i
OF THE CITY OF
Ad,
EAG
,,
Stan 'dgeway, Mayor 0'
00
06
Sharon\J�-
Regulatoryg
regulatory taking analysis
Page 14 of 14
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