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Findings - PZ - 1998 - CU-5-98 - 2044 Sq Ft Building To Be Used As Day Care/1441 N 7 Oaks Way BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A 2,044 SQ. FT. CHILD CARE FACILITY FOR COMMUNITY FAMILY YMCA ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-5-98 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on July 20, 1998. 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: Community Family YMCA, represented by Morten Awes with Awes-Hutchison Associates, is requesting conditional use approval for a 2,044 sq. ft. building to be used as a child care facility. The 10-acre site is located on the west side of N. Seven Oaks Way approximately 480-feet north of Floating Feather Road at 1441 N. Seven Oaks Way. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on June 18, 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 July 3, 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 3, 1998. Requests for agencies' reviews were transmitted on June 19, 1998 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 23, 1996, the City approved a conditional use permit for Lexington Hills School (Seven Oaks Elementary). E. COMPANION APPLICATIONS: DR-22-98 - Design review for the child care building. Page 1 of 14 \lEaglel\voll\SHARED\P&Z\Eagle ApplicationsICU\1998\CU-5-98 pzt:doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Public/Semi-Public R-2-P (Residential) Seven Oaks Elementary School Proposed No Change No Change New Child Care Building Addition North of site Medium Density R-2-P (Residential) Residences Residential (4-units per acre maximum) South of site Medium Density R-2-P (Residential) Residences Residential (4-units per acre maximum) East of site Medium Density R-2-P (Residential) Residences Residential (4-units per acre maximum) West of site Medium Density R-2-P (Residential) Residences Residential (4-units per acre maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: Seven Oaks Elementary School is existing on the site. Page 2 of14 \\Eagle1\vol1\SHARED\P&Z\Eagle Applications\CW998\CU-:5-9g pzLdoc I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 10-acres 17,000 sq. ft. (minimum) Percentage of Site Devoted to 12% 40% (maximum) Building Coverage Percentage of Site Devoted to 60% 10% Landscaping Number of Parking Spaces 113-spaces - see note 122-spaces below Front Setback 177-feet (approx.) 30-feet (minimum) Rear Setback 430-feet (approx.) 30-feet (minimum) Side Setback (south) 75-feet (approx.) 10-feet (minimum) Side Setback (north) 470-feet (approx.) 10-feet (minimum) Note: Per Eagle City Code the Zoning Administrator may permit a 20% maximum reduction in the number of parking spaces to be provided. The applicant is proposing to reduce the parking by approximately 7.4% (9-spaces) from the total required. 1. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building proposed to be used as a child care facility Height and Number of Stories of Proposed Buildings: IS-feet, one story Gross Floor Area of Proposed Buildings: 2,044 sq. ft. On and Off-Site Circulation: The existing 52,000 sq. ft. (approx.) parking area used for Seven Oaks Elementary School will provide turn-around area and parking for vehicles using this site. K. PUBLIC SERVICES AVAILABLE: Preliminary approval letters have been received by Central District Health, Eagle Fire District, and Eagle Sewer District. Approval from ACHD and the water company having jurisdiction will be required prior to issuance of a building permit. Page 3 of14 \lEaglel \voll\SHARED\P&Z\Eagle ApplicationsICU\1998\CU.5-98 pzf.doc L. M. N. P. PUBLIC USES PROPOSED: None PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes 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 AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: Central District Health Division of Environmental Quality Eagle Fire Department Eagle Sewer District Independent School District of Boise City # 1 Meridian School District Q. LETTERS FROM THE PUBLIC: None received to date 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; Page 4 of14 \\Eaglel \voll\SHARED\P&Z\Eagle Applications\CU\1998\CU-5-98 pzt:doc 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. B. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-4-4-3 (A)(7) The Zoning Administrator may permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent (20%) of the sum of the number of spaces required for each use only if the provisions of this Chapter have been met. The maximum allowable reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of the sum of the number required for each use served unless a conditional use is approved by the City Council. Page 5 of14 \\Eagle1\voll ISHARED\P&Z\Eagle Applications\CU\1998\CU-S-98 pzfdoc . Design review application required. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) D. DISCUSSION: The applicant is requesting a 7.4% (9-spaces) reduction for the number of required parking spaces for this site. The Zoning Administrator has determined that since the existing 1l3-parking spaces conform to other provisions of ECC Chapter 4 "Off- Street Parking and Loading" and since the child care use is to be in conjunction with the school use, a 7.4% reduction in the total number of parking spaces required for the site should not cause a parking problem and may be permitted. . 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 R-2 zoning district since a child care facility is shown as needing approval of a conditional use permit in the R-2 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 also be required to meet Lexington Hills Subdivision design requirements; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the building is proposed to be set back from any property line a minimum of 75-feet; Page 6 of14 \ \Eagle 1 \vell ISHARED\P &Z\Eagle Applicaoons\CU\1998\CU- 5-98 pzt: doc 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. 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 child care use existed at the Seven Oaks Elementary School prior to this application and since the use is only changing location on-site and not expanding; 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 elementary school by the Ada County Highway District; and 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. STAFF RECOMMENDATION PROVIDED WITHIN 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 20, 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 two individuals before the Planning and Zoning Commission, one who felt that the addition of another structure would intensify the unlawful, late-night use of the school grounds by drawing more trespassers to the site, and one who does not think that the proposed building will be large enough to support the future need for child care in this area. Page 7 of 14 \\Eaglel\voll ISHARED\P&Z\Eagle Applications\CU\1998\CU-5-98 pzfdoc C. Oral testimony in favor of the application was presented by eight individuals 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-5-98 for a conditional use permit for a 2,044 sq. ft. child care facility with the following site specific and standard conditions of approval. Text shown with strike-thru was deleted from staff's recommendations and text shown with underline was added to staff's recommendations. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. A 7.4% (9 space reduction - 113 spaces to be provided) reduction for the number of required parking spaces shall be permitted for this site. 2. Only the use (child care facility) is approved. The property is subject to the conditions of design review. 3. The conditional use permit shall be reviewed by the City Council five years from the approval date. 4. If the building is removed from the site. then the site shall be restored to its original state with sod and new landscaping so that no evidence of the previously existing building remains. All trees shall be retained on-site. 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 Page 8 of 14 \\Eag1el Ivo1l \SHARED\P&Z\Eag1e Applications\CU\1998\CU-5-9g pzídoc 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 interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to Page 9 of 14 \\Eaglel Ivoll \SHARED\P&Z\Eag\e Applications\CU\1998\CU.5-98 pzidoc 10. 11. 12. the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 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. 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. Page 10 of 14 IIEagie 1 \vo11\SHARED\P &Z\Eagle ApplicationsICU\19981CU- 5-98 pzf.doc 13. 14. 15. 16. 20. 21. 22. 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. 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. 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. 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) ITom 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 andlor 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 legal relief is granted pursuant to the law in effect at the time the change in use is sought. Page 11 ofl4 \lEagle1\vol1\SHARED\P&Z\Eagle Applications\CW998\CU-5-9g pzl'doc 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. 23. 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). 24. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on June 18, 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 July 3, 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 3, 1998. Requests for agencies' reviews were transmitted on June 19, 1998 in accordance with the requirements of the Eagle City Code. 3. The Commission 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 R-2 zoning district since a child care facility is shown as needing approval of a conditional use permit in the R-2 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 Page 12 of14 I \Eagle I \voJl ISHARED\P &ZIEagie Applications\CU\I998\CU- 5-98 pzf.doc City's design review requirements, but will also be required to meet Lexington Hills Subdivision design requirements; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the building is proposed to be set back from any property line a minimum of 75-feet; 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. 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 child care use existed at the Seven Oaks Elementary School prior to this application and since the use is only changing location on-site and not expanding; 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 elementary school by the Ada County Highway District; and 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. Page 13 of 14 l\Eaglel \voll ISHARED\P&ZIEagie AppJications\CU\I998\CU-5-98 pzf.doc DATED this 20th day ofJuly, 1998. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Q)JJl Donald J. Brint Page 14 of 14 l\Eaglel Ivoll \SHARED\P&Z\Eagle Applications\CU\1998\CU.5-9g pzídoc