Findings - CC - 2003 - CU-7-03 - Cup For Daycare/2.94 Acre/350 E State St.
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A DA YCARE
CENTER (pRE-SCHOOL) AT THE FIRST BAPTIST
CHURCH OF EAGLE FOR LADA WNA C. WILSON
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-7-03
The above-entitled conditional use permit application came before the Eagle City Council for their action
on August 26, 2003. 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:
LaDawna C. Wilson is requesting conditional use approval to provide a Daycare Center
(pre-school facility) within the existing dwelling unit located on the site which is a part of
design review application DR-44-02 (currently under review for a proposed church). The
2.94 acre site is located on the north side of East State Street approximately Yz - mile east
of Eagle Road at 350 East State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 3,2003.
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 15, 2003. 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 10, 2003. Requests for agencies' reviews were transmitted on July 8, 2003,
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 August 5, 2003. 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 August 5,2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2003, the Design Review Board remanded DR-44-02 (First Baptist
Church of Eagle) to staff to allow the applicant time to provide additional information.
The item is scheduled for the August 14,2003, Design Review Board meeting.
E.
COMPANION APPLICATIONS: DR-44-02 - First Baptist Church of Eagle
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Single-family residence
District)
Proposed No Change No Change Proposed Baptist Church
& Day Care Center (Pre-
school)
North of site Residential Four (up to four R-4 (Residential) Residential subdivision
dwelling units per acre
max.)
South of site Central Business District CBD (Central Business Idaho Power substation &
District) Automotive repair shop
East of site Central Business District CBD (Central Business Proposed Heritage Square
District) Multi-tenant office/retail
buildings
West of site Central Business District CBD (Central Business Eagle City Hall & Senior
District) Center
G.
DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA (Transitional
Development Area).
H.
EXISTING SITE CHARACTERISTICS:
There is an existing 2,400-square foot shop building that is proposed to be converted into
a church facility. There is an existing 1,986-square foot residential home that is proposed
to be converted into an office and classroom facility. Along with a drainage ditch, there
are twenty one (21) existing trees on this site, located generally around the structures.
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I.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of 2.94-acres (l28,066-square feet) O.OI-acres (500-square feet)
Site (minimum)
Percentage of Site 3.4% - current 20% (minimum)
Devoted to (20% proposed at full build out of church facility) 85% (maximum)
Building Coverage
Percentage of Site 85% (approximately) 10% (minimum)
Devoted to (42% - approximately - proposed at full build out
Landscaping of church facility)
Number of Parking O-parking spaces fir the Daycare Center 9-parking spaces (minimum
Spaces 51- parking spaces at full buildout of the church for daycare)
facility 19-parking spaces (minimum
for church)
Front Setback 20-feet (proposed at full build out of church facility 10-feet (minimum)
25-feet (maximum)
Rear Setback 19-feet (proposed at full build out of church O-feet
facility)
Side Setback 160-feet (proposed at full build out of church O-feet (minimum)
facility) lO-feet (maximum)
Side Setback 10-feet (proposed at full build out of church a-feet (minimum)
facility) 10-feet (maximum)
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The daycare is to be located in the existing 1,986 square foot single-family dwelling. As
the church construction progresses through the planned phases, the daycare will be
relocated into the main church facility.
Height and Number of Stories of Proposed Buildings:
At full build out of the phasing plan, the one story church facility will have a height of 27-
feet to the peak of the roof, 35-feet to the top of the cross.
Gross Floor Area of Proposed Buildings:
At full build out of the phasing plan, the church facility will have a total square footage of
26, 290 S.F.
On and Off-Site Circulation:
Eventually, a 22,890-square foot (approx.) paved parking lot will provide parking for
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K.
L.
M.
N.
vehicles using this site. One 30-foot wide driveway is to be located on the south side of
the site approximately 64-feet east of the west property line providing access to State
Street. Two 25-foot wide driveways are to be located on the north property line
approximately 54-feet and 119- feet east of the west property line, providing access to the
future road extension of Idaho Street.
This conditional use permit application for the Daycare Center does not specifically
address parking, paving and other site improvements as the development of the site is
being directed through the design review application process (DR-44-02).
PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from the Eagle Fire Department has been received by the
City. A preliminary approval letter from the Eagle Sewer District states that the District
has approved off-site construction drawings, and that on-site construction drawings will
need to be reviewed and approved to assess impacts on the central sewer system.
Approval from Central District Health will be required prior to the issuance of a
Certificate of Occupancy. A letter from the water utility having jurisdiction over the area
will need to be provided prior to the issuance of a Certificate of Occupancy.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISmONS 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 - yes - drainage ditch
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 to the staff
report. Comments, which appear to be of special concern, are noted below:
Central District Health
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC: None received to date.
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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 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.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Central Business District.
. The TransportationlPathway Network Map # 2 of 2 shows the extension of a proposed road
right-of-way through this site connecting Idaho Street to Stierman Way.
Chapter 8 - Transportation
8.6 Implementation Strategies
r. Encourage planning oflocal roadway systems which will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to not
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B.
C.
become collectors and to discourage traffic from cutting through neighborhoods
to go from a collector or arterial to another collector or arterial. Such intra-
neighborhood connectivity is for emergency and delivery vehicles and for local
intra-neighborhood access.
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 03) or more children.
.
ECC Section 8-2-3 states that a Childcare (daycare center) requires a conditional use permit
within the CBD zoning district.
.
ECC Section 8-5-2 C: Change of Nonconforming Use:
If no structural alterations are made, any nonconforming use of a structure and land may,
upon the issuance of a conditional use permit by the Council, be changed to another
nonconforming use; provided, that the Council shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing nonconforming use. In
permitting such change, the Council may require appropriate conditions and safeguards in
accord with other provisions of this Title.
DISCUSSION:
.
The applicant is proposing to offer educational instruction to young children who will attend
morning classes on Monday, Wednesday, and Friday. 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
more children.) Eagle City Code Section 8-2-3 states that the operation of a Childcare
(daycare center) requires the approval of a conditional use permit within the CBD zoning
district.
.
This is a multi-phased project for the Eagle First Baptist Church. The first phase of this
project includes remodeling the existing 2,400-square foot shop building and adding a 450-
square foot building addition to the shop and using this building as the church facility for
approximately one year. The existing 1,986-square foot residential home is proposed to be
converted into an office and classroom facility and remain in it's current location until the first
phase of the church facility is constructed, at which time the office and classroom facility will
be moved into the main facility and required parking will be constructed. Upon completion of
phase one of the church facility, which consists of a 7,650-square foot church building, the
shop will become an auxiliary building to the church. The future building expansions for the
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church facility and the office and classroom facility will be constructed in the future when
funds become available to the church.
.
The existing single-family dwelling and accessory buildings are considered non-conforming
uses due to a number of factors, including: the existing building footprint is approximately
3.4% of the total square footage of the site (20% is the minimum required within the TDA
overlay district), the single-family dwelling is not in conformance with the required setbacks
(i. e. the building is situated too far fÌ'om the property boundaries; buildings within the IDA
overlay district are required to be located at maximum setbacks rather than minimum setbacks
to encourage consistent design standards within the downtown area); and a single-family
dwelling requires the approval of a conditional use permit with the CBD zone. Eagle City
Code Section 8-5-2 (C), states that a nonconforming use (through the approval of a conditional
use) may be changed to another nonconforming use provided that, the Council finds the
proposed use is equally appropriate or more appropriate to the district than the existing
nonconforming use. Since the site is currently under review for Design Review approval as a
church, and as such, is required to comply with Eagle City Code regarding improvements to
the site, staff recommends approval the Day Care Center as a non-conforming use.
.
This site is located at the eastern terminus ofIdaho Street and to the west of the three multi-
tenant commercial/office/retail buildings proposed on the property to the east of this site. The
TransportationlPathway Network Map # 2 of 2 shows the extension of a proposed road right-
of-way through this site connecting Idaho Street to Stierman Way. The applicant has designed
this site with the expectation that Idaho Street will be constructed fÌ'om the current terminus (at
this site's west property line) through this site, through the proposed development to the east,
and continuing on to Stierman Way. The applicant has preliminarily agreed to donate the land
for the future extension of Idaho Street (as a condition of approval for the Design Review
application), of which streetscape improvements are not proposed to be constructed until the
entire roadway is constructed.
.
The improvements required for the development of this site are being directed through the
application process submitted for design review approval for a church facility (DR-44-02), of
which specific conditions of approval have not, as of this date, been acted upon. The Daycare
Center may, in this instance, be considered an auxiliary use in relation to the principal use
(church), and due to proposed phasing of the project, the site improvements will not
immediately materialize in time for the anticipated opening of the Daycare Center. As
allowed in Eagle City Code Section 8-5-2 (C), the Council may permit the continuation of the
non-conforming status of this site by allowing the Daycare Center to operate without
compliance with the minimum requirements for parking, landscaping, street improvements etc.
Further, continued operation of the Daycare Center would be dependant upon the approval of
the design review application for the church and the subsequent required improvements being
constructed. With this in mind, staff recommends that since there is no guarantee that
improvements to the site will be completed with this conditional use application, a time limit
of two (2) years should be placed on the operation of the Daycare Center. At the expiration of
this time limit, the City will evaluate the site for compliance with Eagle City Code regarding
improvements to the site, and may at that time, require the improvements to be made prior to
any further continuation of the Daycare Center operations.
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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 August
4, 2003, 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 (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval for the conditional use permit for a Daycare
center (pre-school-facility) at First Baptist Church of Eagle for LaDawna C. Wilson with the site
specific conditions of approval and standard conditions of approval shown within their Findings of
Fact and Conclusions of Law document, dated August 18, 2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 26, 2003, 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/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-7-03 for the conditional use permit for a Daycare center
(pre-school-facility) at First Baptist Church of Eagle for LaDawna C. Wilson, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The use of the Daycare Center within the existing single-family dwelling located on the site is
approved with this application. This permit shall expire two (2) years ITom the date of Council
approval, at which time the City will evaluate the site for compliance with Eagle City Code. The
City may at that time permit the Daycare Center to operate without improving the site, require
improvements to be made to the site, or disallow the continuation of the Daycare Center
operations. Should the site be developed within two years by the First Baptist Church of Eagle,
(pursuant to the conditions of approval of design review DR-44-02 (First Baptist Church of
Eagle», the conditional use permit for the Daycare center (preschool) may be extended as an
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auxiliary use within the church upon a staff review of the site and the receipt of approval letters
from the Central District Health Department and the Eagle Fire Department.
2. The property is subject to the conditions of design review DR-44-02 (First Baptist Church of
Eagle).
3. Provide an approval letter from the Central District Health Department prior to the issuance of a
Certificate of Occupancy.
4. The applicant shall provide a letter from the water company having jurisdiction over the property,
verifying the site will be served by central water, prior to the issuance of a Certificate of
Occupancy.
5. No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
6. The applicant shall submit a security and safety plan to the Eagle Fire Department for review and
approval prior to issuance of a Certificate of Occupancy.
7. The applicant shall maintain a childcare license from the Idaho Department of Health & Welfare
during the tenD of occupancy of the Day Care Center (Preschool).
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.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building pennits.
3.
All pennits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building pennit.
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 pennits.
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 pennits.
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 pennits 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 stonn drainage on the applicant's site. Drainage system plans
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shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits.
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. 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
(I) 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.
9.
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.
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.
12.
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:
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20.
21.
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 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 (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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.
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.
15.
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.
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.
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.
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 submits application to the City of Eagle
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for a change to the planned use of the subject property.
22.
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 fTom the City Council
approval date).
23.
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:
I. The application for this item was received by the City of Eagle on July 3,2003.
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 15, 2003. 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 10,2003. Requests for agencies' reviews were
transmitted on July 8,2003, 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 August 5,
2003. 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 August 5, 2003.
3. The City 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 CBD zoning district since a Daycare center requires the approval of a
conditional use permit in the CBD;
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 a Daycare center
requires the approval of a conditional use within the CBD zoning district and the
Comprehensive Plan designates this site as Central Business District;
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 church (of which this
application is a part) will be required to meet conditions of a design review application
and, in the event a church is not constructed, the City will review the daycare center within
two years of the approval of this application regarding conditions of compliance;
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D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
majority of the area surrounding the proposed daycare center is planned for commercial
uses and, since the church (of which this application is a part) will be required to install
buffers between this site and existing residential uses to the north;
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 or as represented by the applicant;
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
applicant will be required to improve the site with services such as central sewer and water
connections;
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 on surrounding public thoroughfares since the site will be required to design
and construct driveway access as approved by the 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.
4. This conditional use permit application for the Daycare Center does not specifically address parking,
paving and other site improvements as the development of the site is being directed through the design
review application process (DR-44-02).
5. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 9th day of September 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 13 of 13
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