Findings - PZ - 2016 - CU-05-16 - Cup For Private School/Childcare FacilityBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
A PRIVATE SCHOOL/CHILDCARE
FACILITY AT 342 EAST IDAHO STREET
FOR BROOKE VAN HORN
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -05-16
The above -entitled conditional use application came before the Eagle Planning and Zoning Commission
for their consideration on May 16, 2016, at which time public testimony was taken. The Eagle Planning
and Zoning Commission requested that the applicant return with a noise mitigation plan and continued the
hearing to June 6, 2016. The applicant came before the Eagle Planning and Zoning Commission for their
consideration on June 6, 2016, at which time the applicant provided a noise mitigation plan. The Eagle
Planning and Zoning Commission closed the public hearing after all testimony was heard. 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:
Brooke Van Horn, represented by Brenda Van Horn, is requesting conditional use permit approval
to operate a private school/childcare facility (preschool through 6th 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 East Idaho Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, on Thursday, February 25, 2016, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on March 22, 2016.
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 April 25, 2016. 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 April 20, 2015. The site was posted in
accordance with the Eagle City Code on May 3, 2016. Requests for agencies' reviews were
transmitted on March 23, 2016, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 12, 2004, the Design Review Board recommended approval of a design review
application to convert a single-family dwelling into an office building (DR -78-04).
On September 14, 2004, the Eagle City Council approved a design review application to convert a
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single-family dwelling into an office building (DR -78-04).
On August 12, 2004, the Design Review Board recommended approval of a design review
application for a monument sign for SpotLight Events (DR -79-04).
On September 14, 2004, the Eagle City Council approved a design review application for a
monument sign for SpotLight Events (DR -79-04).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
Existing Downtown CBD (Central Business
District)
Proposed No Change No Change
North of site Downtown R-4 (Residential)
South of site Downtown CBD (Central Business
District)
East of site Downtown CBD (Central Business
District)
LAND USE
Office
Private School/Childcare
Facility
Single -Family Residential
(Eagle Village Subdivision
No. 2)
Idaho Street/Eagle Senior
Center
Proposed Single -Family
Residential (Carpenters Third
Addition)
West of site Downtown CBD (Central Business Single -Family Residential
District) (Carpenters Third Addition)
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Transitional Development Area (TDA) overlay district.
H. EXISTING SITE CHARACTERISTICS:
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
mature trees on the site.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
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% (minimum)*
Coverage
Percentage of Site Devoted to
Landscaping
Number of Parking Spaces
04) 85% (maximum)*
68% 10% (minimum)
8 -parking spaces 9 -parking spaces
Front Setback (South) 25 -feet
Rear Setback (North)
Side Setback (West)
Side Setback (East)
43 -feet
8 '/2 -feet
31 -feet
10 -feet (minimum)*
25 -feet (maximum)*
0 -feet (minimum)*
10 -feet (maximum)*
0 -feet (minimum)*
*Note: Required lot coverage and setbacks when located within the TDA.
J. 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 both approximately 17 1/2 -feet high,
one story.
Gross Floor Area of Existing Buildings:
Primary building = 1,317 -square feet
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Storage building = 1,119 -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 of the east property line accessing East Idaho Street.
K. PARKING ANALYSIS:
Gross Floor Area: 2,436 -square feet
Number of classrooms: 3
• Eagle City Code Section 8-4-5 requires 3 parking spaces for each classroom and not less than
9 for the entire building (for Childcare Facility — daycare center).
Total parking spaces proposed: 8 parking spaces (5 on-site, 3 on -street). The applicant proposes to
add an additional on-site parking space (as conditioned herein).
L. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Sewer District, Eagle Water Company, and 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 — several mature trees located adjacent to the eastern property line.
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
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
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Republic Services
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rik, Tesoro Logistics NW Pipeline
R. LETTERS FROM THE PUBLIC: None received to date.
S. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
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:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The site is designated as Downtown on the Comprehensive Plan Land Use Map.
Chapter 6 — Land Use
6.3.12 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 Pedestrian
friendly uses and developments are encouraged. Land within this district is the only place to
utilize CBD zoning designation. Other zones within Downtown Eagle may include Mixed
Use, Residential, Commercial and Professional Office.
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,oft, B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2 defines Childcare Facility as:
CHILDCARE FACILITY: 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 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 (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 8-1-2 defines Private School as:
SCHOOLS, PUBLIC OR PRIVATE: An institution of learning that offers academic
instruction in the courses that are required by the state of Idaho to be taught in public schools.
"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
definition.
• Eagle City Code Section 8-2-1 CBD Central Business District:
To permit the establishment of areas for commercial uses allowed in other commercial zones
and commercial uses which are more intensive than those permitted in other commercial
zones. Uses that complement rather than compete with the uses allowed within the CBD
zoning district shall be encouraged.
• Eagle City Code, Section 8-2-3 states, in part, that a Childcare Facility located within a CBD
(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 CBD
(Central Business District) zoning district requires the approval of a conditional use permit.
• 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 permitted or
conditional uses not listed herein shall be determined by the administrator. Among 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
characteristics as outlined in the most recent version of the institute of transportation engineers
trip generation manual.
r
Childcare Facility - daycare 3 for each classroom but not less than 9 for the E1
center building11
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• Eagle City Code, Section 8-7-3-2 General Standards for Conditional Use:
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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.
• 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
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
E. Transfer of Permit: A conditional use permit is not transferable from one parcel of land to
another. Conditional use permits are an entitlement to the specific property on which the
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 applicable
to the conditional use permit that was transferred. The new owner(s) shall provide written
acknowledgement to the city accepting the terms of the transferred conditional use permit
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within sixty (60) days of purchase and receipt by the new owners of actual notice of the
existence of the conditional use permit for the parcel, whichever event occurs later;
otherwise, the permit may be declared void after notice and public hearing before the city
council.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the following site
specific conditions of approval. The standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. The conditional use permit application came before the Eagle Planning and Zoning Commission for
their consideration on May 16, 2016, at which time public testimony was taken. The Eagle Planning
and Zoning Commission requested that the applicant return with a noise mitigation plan and continued
the hearing to June 6, 2016. The applicant came before the Eagle Planning and Zoning Commission
for their consideration on June 6, 2016, at which time the applicant provided a noise mitigation plan.
The Eagle Planning and Zoning Commission closed the public hearing after all testimony was heard.
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.
• The individual felt that the site was not an appropriate location for a school.
• 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:
• The kids are not extremely loud.
• The school would contribute to Eagle's family -friendly environment.
• The school is no more disruptive than nearby 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.
• The school is good for the community because the students do well on standardized tests.
D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and
Zoning Commission by three (3) individuals who indicated:
• There were concerns about traffic on the narrow, dead-end street.
• The children could be noisy
• It was a good location for a school
• There were concerns about the school's potential effects on surrounding property values.
COMMISSION DELIBERATION
Upon closing the public hearing, the Commission discussed during deliberation that:
• 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.
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frAosiN
• Recess could be reduced to limit the amount of time children spend outside in order to minimize
noise.
• It would 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 a
conditional use permit for a private school to operate at 342 East Idaho Street, for Brooke Van Horn, with
the following staff recommended conditions of approval and standard conditions of approval with
underlined text to be added by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A private school/childcare facility with a maximum of thirty (30) children is the only use approved
with this conditional use permit (ECC 8-2-3).
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 certificate prior to operating the private school/childcare facility
(ECC 8-7-2[A]).
4. The applicant shall submit a design review modification application for the change of use of the
building from an office to a private school/childcare facility. The design review modification
application shall be reviewed and approved by staff prior to the issuance of a zoning certificate (ECC
8-7-2 [A]).
5. Any changes to the building or site (i.e.: additions, exterior paint colors, playground equipment,
additional fencing, etc.) requires the submittal of a design review application showing elevations
and/or site plans showing the proposed changes. The design review application shall be reviewed and
approved prior to the issuance of a zoning certificate (ECC -8-2A-17).
6. 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 occur
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 any
classroom(s) will require a modification of this conditional use permit.
9. The applicant shall be required to pay the required traffic impact fee of $977.92 to Ada County
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 be
submitted prior to the submittal of a design review application.
11. Sound mitigation measures consistent with the provided noise mitigation plan. date stamped by the
•111%, City on May 31. 2016. shall be installed no more than thirty f301 days after final approval from the
Design Review Board.
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Amok NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction 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 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
,61'04, 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
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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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
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
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.
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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.
oak, 22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change
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. The Commission 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:
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"%s 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 privates 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 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
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 private schooUchildcare facility will be
located within an existing building;
D. 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
noise mitigation as conditioned herein;
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 site is already developed and served by Eagle Sewer District, Eagle
Water Company, and Eagle Fire Department;
F. Will not create excessive additional requirements at public cost for public facilities and services
oak, and will not be detrimental to the economic welfare of the community since the infrastructure is
already in place to serve the existing structure;
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 since the applicant will be required to
provide noise mitigation to reduce the sounds coming from children playing outdoors;
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 site is served by existing streets; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since there are no scenic or historic features of major importance on the site.
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.
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DATED this 20th day of June, 2016.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City C erk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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