Findings - CC - 1998 - CU-2-98 - Cup For 9500 Sq Ft Montessori Child Care Center
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A
9,500 SQ. FT. MONTESSORI CHILD CARE
CENTER FOR B.B. ONE INC.
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)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-2-98
The above-entitled conditional use permit application came before the Eagle City Council for
their action on July 28, 1998. 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 SUMMARY:
B.B. One, represented by Dennis M. Baker, is requesting a conditional use permit
for a 9,500 sq. ft. montessori childcare center to be located within a 13,500 sq. ft.
multi-tenant building proposed within Channel Center commercial subdivision.
The 2.9-acre site is located is located near the southwest comer of State Highway
44 and S. Eagle Road at 655 S. Rivershore Lane.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 14, 1998.
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 May 29, 1998. 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 May 29, 1998. Requests for agencies'
reviews were transmitted on May 15, 1998 in accordance with the requirements of
the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City ordinances on July 10, 1998. 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
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City Code on July 13, 1998.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-l (Neighborhood Vacant Lot
Business District)
Proposed No Change No Change Montessori Childcare
Center
North of site Commercial & Publici C-l (Neighborhood Vacant
Semi - Public Business District) & R-4
(Residential)
South of site Commercial C-l (Neighborhood Vacanti Boise River
Business District)
East of site Commercial C-l (Neighborhood Future Commercial
Business District) (Offices)
West of site Publici Semi-Public C-l (Neighborhood Vacanti Boise River
Business District)
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The site is part of the Channel Center Commercial Subdivision. Other than the
developer-installed street trees, there are no special existing site characteristics.
1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 2.94-acres (approx.) .05-acres (minimum)
Percentage of Site Devoted 10.5% (approx.) (Entire
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SITE DATA PROPOSED REQUIRED
to Building Coverage building area - including 50% (maximum)
proposed office space)
Percentage of Site Devoted 20% (approx.) (Excluding 10% (minimum)
to Landscaping retention & detention areas
and future expansion area)
Number of Parking Spaces 55-spaces 37 total (2I-spaces based on 7
classrooms and 16 spaces based
on 4,000 s.f. office area)
Front Setback (east) 135-feet I5-feet (minimum)
(Per Plat Condition)
Rear Setback (west) 10- feet O-feet (minimum)
Side Setback (north) 63-feet 50-feet (minimum) (Easement
area)
Side Setback (south) IOO-feet 50-feet (minimum)
(Per Plat Condition - setback
from ordinary high waterline)
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One multi-tenant building to be used as a childcarel office facility.
Height and Number of Stories of Proposed Buildings:
To be reviewed with design review.
Gross Floor Area of Proposed Buildings: 13,500 sq. ft.
On and Off-Site Circulation:
The site is provided with a shared entry drive within the Channel Center
Subdivision. On-site circulation appears to meet minimum parking lot
dimensional requirements. Specific review will be done when an application for
design review is submitted.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters have been received by Central District Health and
Eagle Sewer District. Approval from the Eagle Fire Department and from the
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Q.
R.
water company having jurisdiction will be required prior to issuance of a building
permit. This development abuts a private street and is not under the jurisdiction
of a highway district
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 - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
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:
Ada County Highway District
Central District Health
Eagle Sewer District
LETTERS FROM THE PUBLIC: None received to date.
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
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G.
H.
I.
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;
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;
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares; and
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
C.
DESIGN REVIEW ORDINANCE PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
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. Design review application required.
D.
SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
E.
DISCUSSION:
. Staff has reviewed the particular facts and circwnstances of this proposed conditional
use and, in tenus 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:
D.
E.
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 C-I zoning district since a child care
facility is shown as needing approval of a conditional use pennit in the C-
1 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 not only be required
to meet the City's design review requirements but will be required, by the
developer of the Channel Center Subdivision, to meet the center's design
requirements;
Will not be hazardous or disturbing to existing or future neighborhood
uses since the are is planned for neighborhood commercial uses and the
facility is not near any residential uses;
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
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H.
I.
providing the public services as represented by the applicant's architect.
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;
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
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 WITIDN 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
July 6, 1998, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented by no one before the Planning
and Zoning Commission.
C. Oral testimony in favor of the application was presented no one individual before the
Planning and Zoning Commission, who felt the school would provide a very positive
experience for children.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommended approval of CU-2-98 for a conditional
use permit for a 9,500 sq. ft. montessori childcare center with the site specific and
standard conditions of approval shown within the Commission Findings and Conclusions
document dated July 6, 1998.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 28, 1998, at
which time testimony was taken and the public hearing was closed. The Council took action
at that time.
B. Oral testimony in opposition to the application was presented by no one before the City
Council.
C. Oral testimony in favor of the application was presented by no one before the City Council.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-2-98 for a conditional use permit for a 9,500 sq.
ft. montessori childcare center with the following site specific and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (child care facility) is approved. The property is subject to the conditions of
design review.
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.
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9.
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
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public
Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
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
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12.
of Occupancy, whichever occurs first. All construction shall comply with the City's
specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the
purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of
Occupancy.
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.
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. "
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..
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
(ie; 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.
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.
b.
c.
d.
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20.
21.
22.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor 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.
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
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
IS.
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.
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 issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
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
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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.
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.
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.
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
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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, as stipulated in Eagle City Code (one year from the
Planning and Zoning Commission approval date).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 14, 1998.
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 May 29, 1998. 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 May 29,
1998. Requests for agencies' reviews were transmitted on May 15, 1998 in accordance with
the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July
10, 1998. 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 July 13, 1998.
3. The Council reviewed the particular facts and circumstances of the 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 C-l zoning district since a child care
facility is shown as needing approval of a conditional use permit in the C-
1 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
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G.
H.
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 not only be required
to meet the City's design review requirements but will be required, by the
developer of the Channel Center Subdivision, to meet the center's design
requirements;
D.
Will not be hazardous or disturbing to existing or future neighborhood
uses since the are is planned for neighborhood commercial uses and the
facility is not near any residential 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 as represented by the applicant's architect.
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;
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;
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
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I.
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.
DATED this 28th day of July, 1998.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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