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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 - Page 1 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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. Page 2 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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 Page 3 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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. Page 4 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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 Page 5 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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. Page 6 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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 Page 7 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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. Page 8 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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. Page 9 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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 Page 10 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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 Page 11 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc 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: Page 12 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-24-00 ccf.doc