Findings - CC - 2001 - CU-24-00 - Early Childhood Education Center 3210 E Chinden
OR} G1NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A
DA YCARE I EARLY CHILDHOOD EDUCATION
CENTER FOR CHUCK THOMAS
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-24-00
The above-entitled conditional use permit application came before the Eagle City Council for their action
on April 10, 2001. 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:
Eagle Early Learning Center, represented by Chuck Thomas, is requesting conditional use
approval to provide an early childhood education center to be located in the Eagle Country
Plaza Shopping Center (a.k.a. Eagle Market Place) on the northeast corner of Eagle Road
and Chinden Blvd. at 3210 E. Chin den Blvd.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 28, 2000.
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 February 3, 2001. 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 February 1,2001. Requests for agencies' reviews were transmitted on December
29,2000 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on March 24, 2001. 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 March 21,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 27, 1995, the Eagle City Council approved a rezone with a development
agreement for this site.
On December 8, 1998, the Eagle City Council approved a conditional use permit for Eagle
Country Plaza Shopping Center (CU-7-98).
On January 12, 1999, the Eagle City Council approved the design review application for
-
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Eagle Country Plaza Shopping Center (DR-35-98).
E.
COMPANION APPLICATIONS: none
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Commercial C-I-DA (Neighborhood Eagle Country Plaza
Business District with Shopping Center
Development Agreement)
Proposed No Change No Change Child Care Learning
Center
North of site Residential One (up to one R-l (Residential) Residences
dwelling unit per acre max.)
South of site Not in Eagle Area of Impact C-4D (City of Boise Proposed Target
designation) Department Store
East of site Residential One (up to one R-l (Residential) Residences/Pasture
dwelling unit per acre max.)
West ofsite Commercial C-2-DA (General Business Sav-On Drugstore &
District with Development shopping center tenants
Agreement)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the CEDA, DDA or TDA.
H.
EXISTING SITE CHARACTERISTICS:
The site has been developed as the Eagle Country Plaza Shopping Center.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 327, 700-s. f. /7.5 acres for 2,000-square feet (.04-acres)
shopping center (minimum)
Percentage of Site Devoted to N/A (existing tenant space within 50% (maximum)
Building Coverage shopping center)
Percentage of Site Devoted to N/A (existing within shopping 10% (minimum)
Landscaping center site)
Number of Parking Spaces 316 existing within shopping center 9-parking spaces
Building Setbacks Existing shopping center building
conforms to setback requirements as
noted in conditional use permit
application CU-7-98.
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No new building is proposed, facility is to be
in existing tenant space.
located
Height and Number of Stories of Proposed Buildings: No new building is proposed, facility is to
be located in existing tenant space.
Gross Floor Area of Proposed Buildings: N/A
On and Off-Site Circulation:
A 136,000-square foot (approx.) paved parking lot provides parking for vehicles using the
shopping center site. Two existing approaches to the center will be utilized to access the
bank. One 40-foot wide driveway is located on Chinden Boulevard approximately 460-
feet east of Eagle Road. A second 40-foot wide driveway is located on Eagle Road
approximately 300-feet north of Chinden Boulevard.
K.
PUBLIC SERVICES A V AILABLE:
Water and sewer services currently exist at the site. Approval from Central District Health
will be required prior to issuance of a Certificate of Occupancy.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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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 Fire Department
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;
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 fIfe 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.
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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 STAFF REPORT:
A.
B.
c.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
CHAPTER 6 - LAND USE
Section 6.3 Land Use Designations: Commercial
Suitable primarily for the development of a wide range of commercial activities
including offices, retail and service establishments. Uses should complement uses
within the Central Business District (CBD).
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2
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 any instruction.
There are three (3) types of childcare facilities:
A. Family Day Care Home: A childcare facility for six (6) or fewer children.
Babysitting services are an accessory use to residential uses.
B. Group Day Care Facility: A childcare facility for seven (7) to twelve (12)
children.
C. Day Care Center: A childcare facility for thirteen (13) or more children.
.
ECC Section 8-2-3 states that a Childcare (daycare center) requires a conditional use permit
within a C-l zoning district.
DISCUSSION:
.
The applicant is proposing to offer educational classes to young children who will be dropped
off and picked up at various times of the day. Regardless of whether or not the center provides
instruction, from the information provided to staff to date, staff has determined that this
proposed use is most similar to a Day Care Center (a childcare facility for thirteen (13) or
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more children.)
STAFF RECOMMENDATION PROVIDED WITHIN THE 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 this report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February
20, 2001, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-24-00 for a Conditional Use Permit
for a Daycare / Early Childhood Education Center within the Eagle Country Plaza Shopping
Center, located on the northeast corner of Chinden Boulevard and Eagle Road, with the following
staff recommended site specific conditions and standard conditions of approval with strike-thru
text to be deleted by the Commission and underlined text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. Only the use (Daycare Center) is approved with the following conditions. The property is
subject to the conditions of design review.
2. The applicant shall designate a minimum of two parking spaces abutting the front entrance of
the Daycare Center as for drop-off and pick-up only. The spaces shall be posted with signs
which generally state "Learning Center parking only, Five-minute parking only"
3. Provide an approval letter from the Central District Health Department prior to Certificate of
Occupancy.
4. Comply with all conditions of approval for CU-7-98 and DR-35-98 (Country Plaza Shopping
Center).
5. Comply with all the conditions of the development agreement for this site.
6. No signs are proposed with this application. A separate design review application is required
for the approval of any signs.
7. The applicant shall submit a security and safety plan to City staff and the Eagle Fire
Department for review and approval prior to issuance of a certificate of occupancy.
8. The applicant shall obtain a childcare license from the Idaho De~artment of Health & Welfare
prior to the issuance of a certificate of occupancy.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 10, 2001, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-24-00 for a conditional use permit for a Daycare Early
Childhood Education Center within the Eagle Country Plaza Shopping Center, located on the
northeast corner of Chinden Boulevard and Eagle Road, with the following Planning & Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (Daycare Center) is approved with the following conditions. The property is subject
to the conditions of design review.
2. The applicant shall designate a minimum of two parking spaces abutting the front entrance of the
Daycare Center as for drop-off and pick-up only. The spaces shall be posted with signs which
generally state "Learning Center parking only, Five-minute parking only"
3. Provide an approval letter from the Central District Health Department prior to Certificate of
Occupancy.
4. Comply with all conditions of approval for CU-7-98 and DR-35-98 (Country Plaza Shopping
Center).
5. Comply with all the conditions of the development agreement for this site.
6. No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
7. The applicant shall submit a security and safety plan to City staff and the Eagle Fire Department
for review and approval prior to issuance of a certificate of occupancy.
8. The applicant shall obtain a childcare license from the Idaho Department of Health & Welfare
prior to the issuance of a certificate of occupancy.
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
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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 fIfSt.
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 fIfSt.
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 fIfSt.
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 fIfSt. 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 fIfSt.
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 fIfSt. 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 fIfSt 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 fIfSt.
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9.
10.
11.
12.
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 fIfSt.
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 fIfSt. 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 fIfe hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the fmal 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 fIfe 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 fIfSt.
The proposed fIfe 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 fIfSt.
b.
c.
d.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
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 fIfSt.
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15.
16.
17.
18.
20.
21.
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 fIfSt.
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.
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 fIfSt.
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 submits application to the City of Eagle
for a change to the planned use of the subject property.
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.
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 application for this item was received by the City of Eagle on December 28, 2000.
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 February 3, 2001. 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 February 1, 2001. Requests for agencies' reviews
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were transmitted on December 29,2000 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on March 24,
2001. 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 March 21, 2001.
3. The Council 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 C-I-DA zoning district since a Daycare Center is shown as needing approval of
a conditional use permit in the C-l 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 and the conditions noted herein;
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 be required
to meet the conditions noted herein but will also be required meet the City's design review
requirements and since this request is within an existing tenant space and no exterior building
changes are proposed;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is
planned for commercial uses allowed within the Neighborhood Business District and since
adequate buffers have been installed between the commercial and residential uses per the
requirements of applications CU-7-98 and DR-35-98;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fIfe protection, drainage structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services as noted in responses received by agencies providing the
public services or as conditioned herein;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
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 are to be approved by the
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highway district having jurisdiction; 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.
DATED this 24th day of April 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
\c
ATTEST:
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