Findings - PZ - 2007 - CU-04-07 - Install (7) Mobile Offices And (1) Portable Bathroom; 4400 Sq Ft;6.08 Acre/3415 Flint
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR SEVEN )
(7) MOBILE OFFICES (SIX (6) PORTABLE )
CLASSROOMS AND ONE (1) PORTABLE )
BATHROOM) FOR ARTSWEST FINE ARTS )
SCHOOL FOR KEN AND MARY CENELL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-04-07
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on May 21, 2007, at which time public testimony was taken and the
public hearing was closed. The Eagle Planning and Zoning Commission having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A, PROJECT SUMMARY:
ArtsWest Fine Arts School represented by Ken and Mary Cenell is requesting conditional
use approval to install seven (7) mobile offices (six (6) portable classrooms and one (I)
portable bathroom unit) totaling 4,400 square feet. The 6.08-acre site is located on the
south side of Flint Drive approximately 1,500-feet east of Park Lane at 3415 Flint Drive.
B. APPLlCA TION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, March 2, 2007, in compliance with
the application submittal requirement of Eagle City Code, The application for this item
was received by the City of Eagle on March 13,2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on April 19, 2007. 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 April 16,2007, The site was posted in accordance with the Eagle City Code on
May 8, 2007.Requests for agencies' reviews were transmitted on March 19, 2007, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004, the Eagle City Council approved a comprehensive plan
amendment and rezone (CPA-3-03 & RZ-8-03) with a development agreement (including
a concept plan) for this site.
On April 12, 2005, the Eagle City Council approved a preliminary plat for Symphony
Subdivision (PP-07-04) on this site.
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On September 27,2005, the Eagle City Council approved a height exception for Rivendell
Music Academy (CU-I 1-05).
On April 11, 2006, the Eagle City Council approved a preliminary plat time extension for
Symphony Subdivision (PP-07-04) on this site.
On April 17, 2007, the Eagle City Council approved a preliminary plat time extension for
Symphony Subdivision (PP-07-04) on this site.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA (Mixed Use with Single-family residence
development agreement) with detached accessory
structure (Rivendell Music
Academy)
Proposed No Change No Change ArtsWest School
North of site Transitional Residential A-R (Agricultural- Single-family residence
Residential)
South ofsite Mixed Use MU-DA (Mixed Use with Single-family residence
development agreement)
East of site Transitional Residential A-R (Agricultural- Single-family residence
Residential) (Symphony Square
Subdivision preliminary
plat)
West ofsite Transitional Residential A-R (Agricultural- Single-family residence
Residential)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site currently contains a residential home and one (I) detached accessory structure. A
circular driveway located to the west of the existing residence provides connections to
Flint Drive. There are numerous mature trees along the west, east, and south side of the
existing home and adjacent to Flint Drive. The site also has a small parking area located
on the north side of the detached accessory structure, The Cenells are currently operating
the Rivendell Music Academy from this location,
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 5.48-acres 7,000 square feet
Percentage of Site Devoted to Building 13.25% 50%
Coverage
Percentage of Site Devoted to 35.8% 10%
Landscaping
Number of Parking Spaces 56-spaces 54-spaces
Front Setback *-See note below 20- feet
Rear Setback *-See note below 20- feet
Side Setback *-See note below 7.5-feet
Side (Street) Setback *-See note below 20- feet
*Note- The applicant has not provided scaleable plans, however, If approved the portable
classrooms will be required to meet the setbacks for the MU (Mixed Use) zone per Eagle
City Code
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Six portable buildings are proposed to be used as temporary classrooms and one self
contained portable bathroom facility.
Height and Number of Stories of Proposed Buildings: I4-feet, one story,
Gross Floor Area of Proposed Buildings: 4,400-square feet (total).
On and Off-Site Circulation:
The site plan date stamped by the City on March 13, 2007, shows a temporary parking
area located in proximity to the existing circular drive adjacent to Flint Drive. The site
plan also shows a roadlfire/walking lane and pathways in the area of the temporary
structures.
K. PUBLIC SERVICES AVAILABLE:
The site currently is not served by central water or sewer. The applicant has indicated
within the application that water will be provided by Rain Water Refreshed water coolers
and the remaining water will be furnished by an artesian well located on-site. The
restroom facilities are to be provided by a temporary modular unit with a commercially
serviced modular restroom system.
L. PUBLIC USES PROPOSED: None proposed
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 - yes (see Section H herein Existing Site Characteristics)
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 within the
staff report. Comments, which appear to be of special concern, are noted below:
Central District Health
Chevron Pipeline
Ringert Clark (Drainage District #2)
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 ofthis 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.
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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 ofthe 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 WITIDN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THlS PROPOSAL:
Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.3 Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
m. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
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B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-1-2
MOBILE OFFICE: A detached mobile unit not intended for occupancy as a dwelling unit
designed to be transported after fabrication on its own wheels or on flatbed or other
trailers or detached wheels. Use of mobile office at other than a construction site requires a
conditional use permit.
· Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
MU (Mixed Use) zone:
Zoning Maximum Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width 1*
Sq. Ft.) G
And H*
IMU 1135' 1~~17.5' 1120' 1150% 117,000 1150'
· Eagle City Code Section 8-2-3 states that a Mobile Office requires a conditional use permit
within the MU (Mixed Use) zoning district.
· Eagle City Code, Section 8-4-3 Design and Maintenance:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt
surfaces shall not be permitted.
B. Drainage: All parking and loading areas shall provide for proper drainage of surface water
to prevent the drainage of such water onto adjacent properties or walkways. Drainage
plans shall be reviewed and approved by the city engineer and, for any site abutting a
public street, such plans shall be reviewed and approved by the Ada County highway
district, or highway district having jurisdiction.
· Eagle City Code Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING
REGARDING THIS PROPOSAL:
2. I 0 Excluding the residential subdivision located on Lots I and 2, Block I, all buildings
require the approval of the Design Review Board. The design of the buildings shall
incorporate residential elements to ensure compatibility with surrounding uses. All
buildings shall be designed in accordance with the Eagle Architecture and Site Design
book (EASD) as set forth in Eagle City Code Section 8-2A.
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D, DISCUSSION:
· Consideration should be given to placing a time limit on the existence of the portable
classrooms at the school site. The Rivendell Music Academy has been in operation at this site
since its inception in 2005. The applicants currently utilize the existing residence and the
detached accessory structure located on the property for the music academy.
· The site plan provided by the applicant showing the proposed locations of the portable
classrooms is not to scale, nor does it show the distance the units are located from the property
lines. The site plan date stamped by the City March 13,2007, shows the portable classrooms
to be somewhat centrally located on the 5.48 acre parcel. The development agreement (RZ-08-
03) associated with the site does not provide for reduced setbacks therefore, if the portable
classrooms are approved for this site the placement of the units should meet the required
setbacks for a MU (Mixed Use) zone per Eagle City Code.
· As required within the Conditions of Development for RZ-08-03, Condition No. 2.10, states
that all buildings require the approval of the Design Review Board. The design of the
buildings should incorporate residential elements to ensure compatibility with surrounding
uses. All buildings should be designed in accordance with the Eagle Architecture and Site
Design book (EASD) as set forth in Eagle City Code Section 8-2A. The applicant should
submit a Design Review application showing the style of portable classrooms to ensure they
are compatible with the surrounding structures, proper location of ingress/egress for the
parking area, and sufficient parking is provided prior to the City issuing a zoning certificate for
the placement of the portable classrooms,
· The applicant indicated within the application that the driveway, parking area, and walkways
will be constructed with a gravel/roadmix composite. Per Eagle City Code, parking areas are
to be improved with material such as asphalt or concrete to provide a durable and dust free
surface. The parking lot should be constructed of an asphalt or concrete surface prior to the
school receiving a certificate of occupancy.
· Staffhas 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 MU (Mixed Use) zoning district since a mobile office as
defined within Section 8-1-2 requires a conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this Title (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan and
since the development will be required to meet conditions of a design review
application;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the development will be required to meet the City's design review
requirements;
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D, Will not be hazardous or disturbing to existing or future neighborhood uses since
the site is currently being used as for the Rivendell Music Academy and since the
facilities will be buffered from any residential uses;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted in
responses received by agencies providing the public services. The portable
bathroom will be serviced by a commercial company as indicated within the
narrative 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 is providing the temporary facilities and services
for the school;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as previously
approved for the subdivision since the development will be required to meet
conditions of a design review application. The site will have adequate
ingress/egress from Flint Drive and adequate parking; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 2 I,
2007, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative),
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION:
The Commission voted 4 to I (McCarrel against*) to recommend approval of CU-04-07 for a
Conditional Use Permit to install seven (7) mobile offices (six (6) portable classrooms and one (1)
portable bathroom unit) totaling 4,400 square feet for ArtsWest Fine Arts School for Ken and
Mary Cenell with the following site specific conditions of approval and standard conditions of
approval with strikethrough text to be deleted by the Commission and underline text to be added
by the Commission,
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* Note - Commissioner McCarrel voted against the approval of this application due to the
temporary structures being placed within the entry way corridor of the city. He also indicated that
the parking and walking areas should be paved as required per Eagle City Code.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. This conditional use shall expire tftFee two years from the date of City Council approval.
2. The portable classrooms shall be removed upon expiration of the Conditional Use Permit or upon
completion of a permanent school facility, whichever occurs first.
3. The applicant shall submit a design review application showing elevations of the proposed
portable offices to ensure they are compatible with the surrounding structures, proper location of
ingress/egress for the parking area, and sufficient parking is provided to be reviewed and approved
prior to the City issuing a zoning certificate for the placement of the portable classrooms.
4. Tile arive aisles liRa parking 1st sllOllla ee esnstruetea sf an aspllalt or esnerete slirfaee prior to tile
sehosl reeeiving a eertif.ieate sf oeelip!IHey. The applicant shall provide a cross section showing the
materials used for the drive aisles and parking lot that will minimize the creation of dust or provide
a dust mitigation plan utilizing commercial grade road oil for the mitigation of dust. The applicant
shall submit a design review application for review and approval prior to the construction ofthe
drive aisles and parking lot.
5. The placement of the portable classrooms shall comply with the required setbacks for a MU
(Mixed Use) zone per Eagle City Code, Section 8-2-4. The setbacks shall be measured from the
property boundaries of the lot.
Front Rear Interior Maximum Minimum Minimum
(North) (South) Side Lot Lot Area Lot
(East Covered (Acres Or Width I"
and Sq. Ft.)G
West) And H"
120' 1120' 117.5' 1150% 117,000 1150' I
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first,
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3, All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
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5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certiJYing that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing( s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement, and no runoff shall cross any lot line onto another lot except within a drainage
easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certiJY 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 or
Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy,
whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
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II. 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:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. 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 (Le.; 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.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
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 first.
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 or Certificate
of Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
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20. 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.
21. 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.
22. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
23. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
24. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and
Zoning Commission approval date).
25. 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. A Neighborhood Meeting was held on site at 6:00 PM, March 2, 2007, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on March 13,2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on April 19,2007. 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 April 16,2007, The site was posted in accordance
with the Eagle City Code on May 8, 2007.Requests for agencies' reviews were transmitted on March
19,2007, in accordance with the requirements of the Eagle City Code.
3. The Commission 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 MU (Mixed Use) zoning district since a mobile office (portable classroom) as
defined within Section 8-1-2 requires a conditional use permit;
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B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this Title (Eagle City Code Title 8) since there are
no inconsistencies with the Comprehensive Plan and since the development will be required to
meet conditions of a design review application;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character ofthe same area since the development will be required
to meet the City's design review requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site is
currently being used as for the Rivendell Music Academy and since the facilities will be
buffered from any residential uses;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services as noted in responses received by agencies providing the
public services. The portable bathroom will be serviced by a commercial waste disposal
company as indicated within the narrative 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 is providing the temporary facilities and services for the school;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares as previously approved for the
subdivision since the development will be required to meet conditions of a design review
application. The site will have adequate ingress/egress from Flint Drive and adequate parking;
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. 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.
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DATED this 4th day of June, 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
J~' Ch;n;;;s'? ------
ATTEST:
JU ~~ ~/t---/
<./ Sharon K. Bergmann, Eagle City C erk
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