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Findings - PZ - 2007 - CU-11-06 - Cup For An Elementary School And Daycare Facility`fit BEFORE THE EAGLE PLANNING AND ZONING COMMISSION O IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN ELEMENTARY SCHOOL AND DAYCARE FACILITY FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU -11-06 -\1 I A L The above -entitled Conditional Use Permit application came before the Eagle Planning and Zoning Commission for their recommendation on January 8, 2007, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Genesis One, LLC, represented by Travis Burrows with Dave Evans Construction, is requesting conditional use approval for a 4,200 -square foot elementary school and daycare facility. The 0.33 -acre site is located on the south side of East Iron Eagle Drive, approximately 1/4 mile west of Edgewood Lane at 1 167 East Iron Eagle Drive (Lot 9, block 1, Merrill Subdivision No. 5). B. APPLICATION SUBMITTAL: The application for this item was received the City of Eagle on October 19, 2006. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on December 18, 2006. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 18, 2006. Requests for agencies' reviews were transmitted on October 22, 2006, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 26, 2005 the Eagle City Council approved a combined preliminary/final application plat for Merrill Subdivision No. 5 (PP/FP-01-05). On November 9, 2005 the Eagle City Council approved a master sign plan for a Multi - tenant Office Building within Merrill Subdivision No. 5 (DR -40-05). On October 25, 2005 the Eagle City Council approved design review for Multi -tenant Office Building within Merrill Subdivision No. 5 (DR -41-05). E. COMPANION APPLICATIONS: None Page 1 of 11 K:\Planning Dept\Eagle Applications\CU12006\CU-1 1-06 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Mixed Use No Change Mixed Use Public/Semi-Public Mixed Use Mixed Use ZONING DESIGNATION MU (Mixed Use) No Change MU (Mixed Use) MU -DA (Mixed Use with Development Agreement) MU (Mixed Use) MU (Mixed Use) LAND USE Vacant Childcare/Elementary School Facility Boise Christian Pre-school Academy State Highway 44/Eagle River Development Building within Merrill Subdivision No. 5 Building within Merrill Subdivision No. 5 G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The parking lot has been installed, and construction on the proposed building has already begun. There is an existing pathway along the southern portion of the site, as well as some mature trees along the pathway. I. SITE DESIGN INFORMATION: SITE DATA PROPOSED Total Acreage of Site REQUIRED 14, 418 square -feet (0.331- 7,000 -square feet (0.16 -acres) acres) Percentage of Site Devoted to Building 29.3% (approximately) Coverage Percentage of Site Devoted to 51% (approximately) Landscaping Number of Parking Spaces 17 -parking spaces Front Setback 12 -feet (north) * Rear Setback Side Setback Side Setback 30 -feet (south) * 18 -feet (west) * 11 -feet (east) * (minimum) 50% (maximum) 10% (minimum) 9 -parking spaces based on three (3) spaces per classroom 20 -feet (minimum) 20 -feet (minimum) 7.5 -feet (minimum) 7.5 -feet (minimum) * Note: Building setbacks measure from this building to the closest perimeter property line of Merrill Page 2 of 11 K:1Planning Dept\Eagle Applications\CU120061CU-11-06 pzfdoc Subdivision No. 5. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One 4,200 square foot building to be used as an elementary school and childcare facility. Height and Number of Stories of Existing Buildings: One story, 22' in height. Gross Floor Area of Existing Buildings: 4,200 -square feet On and Off -Site Circulation: A 66,670 -square foot (approximately) paved parking lot has been constructed within Merrill Subdivision No. 5. There are 17 parking spaces allocated to this particular building which is more than what is required for the proposed use. Two (2) twenty five foot (25') wide driveways located along the north boundary of Merrill subdivision No. 5 provide access to East Iron Eagle Drive. Internal sidewalks have been constructed throughout the site and connect to the walking/bike path that extends along the southern portion of Merrill Subdivision and Highway 44. K. PUBLIC SERVICES AVAILABLE: The site is already being serviced by the Eagle Sewer District, as well as Eagle Water and Fire services. L. PUBLIC USES PROPOSED: None ,^, M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees — Yes, on the southern portion of the property south of the pathway along SH 44 and East Iron Eagle Drive. Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Eagle Sewer District Idaho Power Company Idaho Transportation Department Page 3 of 11 K:1Planning Dept\Eagle Applications1CU120061CU-11-06 pzfdoc Q. LETTERS FROM THE PUBLIC: none R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8); C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1 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 Page 4 of 11 K:1Planning DeptlEagle Applications1CU120061CU-11-06 pzfdoc existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. C. DISCUSSION: • The elementary school and childcare facility is proposed to be located on Lot 9, Block 1, of Merrill Subdivision No. 5. All common area landscaping, perimeter landscaping, parking lot improvements, site lighting, trash enclosures, etc., as required within DR -31-05 and DR -41- 05, are required to be completed prior to the City issuing a certificate of occupancy for this facility. • Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional use), has made the following conclusions: The proposed conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8 for the MU zoning district since a school and childcare facility are shown as needing approval of a conditional use permit in the MU zoning district on the "Official Schedule of District Regulations" chart of that section; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are no inconsistencies with the Comprehensive Plan and since the development will be required to meet conditions of a design review application; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the development will meet the City's design review requirements and design requirements of the Eagle Architecture and Site Design Book; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is planned for a mix of uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services as noted is responses received by agencies providing the public services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community since the commercial subdivision has already been reviewed and approved; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares as previously approved for the subdivision; and Page 5 of 11 K:1Planning Dept\Eagle Applications1CU120061CU-11-06 pzf.doc L Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since none are apparent on this site. STAFF RECOMMENDATION PROVIDED VV 1 1 kiwi THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the Staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on January 8,2007, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of CU -11-06 for a Conditional Use Permit to for a 4,200 -square foot elementary school and daycare facility. The 0.33 -acre site is located on the south side of East Iron Eagle Drive, approximately'/. mile west of Edgewood Lane at 1167 East Iron Eagle Drive (Lot 9, block I, Merrill Subdivision No. 5), with the following site specific and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Only the use (childcare and elementary school facility) is approved. 2. The use shall comply with maximum occupancy regulations and restrictions for this building, as well as those for a school and childcare facility. 3. Shall comply with any required State of Idaho certifications and regulations that pertain to this use. 4. Comply with any applicable conditions of DR -31-05 (landscape design). 5. Comply with any applicable conditions of DR -40-05 (master sign plan). 6. Comply with any applicable conditions of DR -41-05 (building design). 7. Applicant should provide a letter from the Merrill Subdivision No. 5 business association approving this use and hours of operation. 8. All common area landscaping, perimeter landscaping, parking lot improvements, site lighting, trash enclosures, etc., as required within DR -31-05, are required to be completed prior to the City issuing a certificate of occupancy for this facility. 9. Comply with any applicable requirements of Merrill Subdivision No. 5 (PP/FP-01-05). 10. No outdoor play areas or equipment are proposed with this application and none are approved. According to the applicant's letter of justification, date stamped October 19, 2006, activities will be conducted inside the building or possibly at a nearby location. Page 6 of 11 K:1Planning DeptlEagle Applications1CU120061CU-11-06 pzf.doc ,_ STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to the issuance of any building permits. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the issuance of any building permits. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to the issuance of any building permits. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to the issuance of any building permits. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the issuance of any building permits. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the issuance of any building permits. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the issuance of any building permits. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the issuance of any building permits. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. 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 Page 7 of 11 K:IPlanning DeptlEagle Applications1CU120061CU-11-06 pzf.doc the construction drawing and submitted to the City prior to the issuance of any building permits. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the issuance of any building permits. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the issuance of any building permits. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess 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. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to the issuance of a building permit. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to the issuance of a building permit. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain Page 8 of 11 K:1Planning DeptlEagle Applications1CU120061CU-11-06 pzfdoc and river protection regulations (if applicable) prior to the issuance of a building permit. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to the issuance of a building permit. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the issuance of a building permit. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 22. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 23. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the Design Review Board approval date). 25. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 26. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. Page 9 of 11 K:1Planning DeptlEagle Applications1CU120061CU-11-06 pzf.doc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on October 19, 2006. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on December 18, 2006. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 18, 2006. Requests for agencies' reviews were transmitted on October 22, 2006, in accordance with the requirements of the Eagle City Code. 3. The Commission has reviewed the particular facts and circumstances of this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional use), has made the following conclusions: The proposed conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8. 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 proposal will be required to meet conditions of a design review application; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the proposal will not only be required to meet the City's design review requirements, but will also be required to meet the requirements noted herein; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the antennae will be flush mounted to the existing light pole, which will intermingle with the existing lighting hardware. Therefore, the proposed antennae should blend in with the existing hardware minimizing the visual impact and not further disturb the neighborhood. E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services as noted in responses received by agencies providing the public services or as conditioned 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 antennae will be attached to an existing (and structurally sound) baseball field light pole and the ground equipment located at the base of the pole outside of the public right of way. 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 access on existing vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares as required by the Ada County Highway District; and Page 10 of 11 K:1Planning DeptlEagle Applications1CU120061CU-11-06 pzf.doc I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since the antennae will be flush mounted to an existing baseball field Tight pole and the ground equipment will be located at the base of the pole. DATED this 22nd day of January, 2007. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho asori Pierce, Chairman ATTEST: .�.••''............ 0F t.A L % Sharon K. Bergmann, Eagle C ty Clerk sfpt.a.a . ..°.d..`I ,��` 1 ***'*>'`T•1•OF �0S *,*la,Es.%.. Page 1 1 of 11 K:\Planning Dept\Eagle Applications1CU120061CU-11-06 pzf.doc • ,,.dal., ,•••••,