Findings - CC - 2007 - CU-08-02 MOD - 2- 1792 Sq Ft Portable Classrooms
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO AN EXISTING )
CONDITIONAL USE PERMIT FOR TWO )
(2) PORTABLE CLASSROOMS FOR )
NORTHSTAR CHARTER SCHOOL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-08-02 MOD
The above-entitled conditional use penn it application came before the Eagle City Council for their
decision on August 14,2007, at which time public testimony was taken and the public hearing was closed.
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:
North Star Charter School, represented by Joe DeVera, is requesting a modification to the
existing conditional use pennit for North Star Charter School to install ooe two ~
1.792 square foot portable c1assroom~ to accommodate 9th and 10th grade classrooms. The
site is generally located on the east side of Park Lane approximately 350 feet north of
Floating Feather Road at 1400 N. Park Lane Lot, Lot 1, Block 1, Cavallo Estates
Subdivision.
A. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held on site on July 19,2007, from 6:00 PM to 8:00 PM, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on July 20, 2007.
8. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on July 30, 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 July 27, 2007.
The site was posted in accordance with the Eagle City Code on August 2, 2007. Requests
for agencies' reviews were transmitted on July 27, 2007, in accordance with the
requirements of the Eagle City Code.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 27,2001, the Eagle City Council approved an annexation and rezone (A-3-
01 & RZ-6-01) from RUT- (Ada County designation) to R-E (Residential-Estates) and a
preliminary plat for Cavallo Estates Subdivision.
On September 16, 2002, the Eagle City Council approved a conditional use penn it (CU-
08-02) for North Star Charter School.
On January 14, 2003, the Eagle City Council approved a design review (DR-66-02) for
North Star Charter School.
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D. COMPANION APPLICATIONS: None
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-E (Residential Estates- North Star Charter School
up to one unit per two acres)
Proposed No Change No Change One portable classroom
North of site Residential Two RUT (Residential - Ada Single-family residences
County designation) (Lorenzo Estates
Subdivision)
Sonth of site Residential Two R-E (Residential Estates- Eagle Family Worship
up to one unit per two acres) Church
East of site Residential Two R-E (Residential Estates- Single-family residences
up to one unit per two acres) (Cavallo Estates
Subdivision)
West ofsite Residential Two RUT (Residential- Ada Fannland
County designation)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
North Star Charter School is located on site. There is an open play area located north of
the school bordered on the north and east boundary lines with landscaped buffer benns.
The parking area is located adjacent to Park Lane at the west entrance to the school. Trees
are located in proximity to the school building and on the periphery of the site.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 2.21-acres 1.8-acres (minimum)
Percentage of Site Devoted to Building 19% (approximately) 24% (maximum)
Coverage
Percentage of Site Devoted to 66% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 19-spaces (additional 27-spaces (minimum)
parking with the church to
the south)
Front Setback 52-feet (approximately) 50-feet
Rear Setback 205-feet (approximately) 30-feet
Side Setback (north) 62-feet (approximately) 20-feet
Side Setback (south) I 98-feet (approximately) 35-feet
1. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (1) portable building is proposed to be used for temporary classrooms.
Height and Number of Stories of Proposed Buildings: 14-feet, one story.
Gross Floor Area of Proposed Buildings: 3,696 square feet (total).
On and Off-Site Circulation:
The site plan date stamped by the City on July 20, 2007, shows a parking area located
adjacent to Park Lane. Access is provided to Park Lane by two drive aisles one of which is
located on the adjacent church property. There is currently a cross-access agreement in
place between North Star Charter School and the Eagle Family Worship Church.
K. PUBLIC SERVICES A V AILABLE:
The site is provided potable water from United Water and the school is connected to
sanitary sewer provided by Eagle Sewer District.
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: 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:
Central District Health Department
Chevron Pipeline
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 tenns 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 hannonious 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 hannonious 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;
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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:
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.
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 penn it.
· Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
R-E (Residential Estates) zone:
Zoning M"'m"m 1"0"'1 r"'I'"te"o, Street Maximum- Minimum Lot Minimum
District Height Side Side Lot Covered Area (Acres Lot
Or Sq. Ft.) G Width l-
And H*
[R-E 1135' 1~~120' 1~124%- 111.8 acres 1[100' I
* Note -In the R-E (Residential Estates) zone Schools (public or private) are pennitted an increase
of the maximum lot coverage from 10 percent to 24 percent.
· Eagle City Code Section 8-2-3 states that Schools, Public or Private requires a conditional use
penn it within the R-E (Residential Estates) zoning district.
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· Eagle City Code Section 8-4-5 Schedule of Parking
Elementary and junior high schools II 2 for each classroom and 1 for every 5 seats in the I
auditoriums or assembly halls
jHigh schools I As required with conditional use penn it ,
I~indergartens, childcare centers, nursery I 3 for each classroom, but not less than 9 for the
schools and similar uses building
· Eagle City Code Section 8-7-3-5 (F)
A conditional use penn it shall not be considered as establishing a binding precedent to
grant other conditional use pennits.
C. DISCUSSION:
· The North Star Charter School has been in operation at this site since August 2003. The
applicant is requestin! approval for the placement of a portable classroom to allow the school
additional room for 9 and 10th grade students. The narrative provided by the applicant
indicates they intend to start construction ofa new school in the Spring of2008 with
completion slated for the Fall of 2009.
· Per Eagle City Code parking requirement for schools are as follows:
o Kindergartens - Three (3) for each classroom, no less than nine (9) for the building.
o Elementary and Junior High - Two (2) for each classroom
o High School- As required with the Conditional Use Pennit
The school facility parking lot with nineteen (19) spaces meets the requirement of the code in
relation to number of parking spaces based on nine classrooms one of which is a kindergarten
classroom. With the addition of the proposed mobile office (containing four (4) classrooms for
9th and lOth grade students) additional parking will be required per Eagle City Code. North Star
Charter School and Eagle Family Worship currently have a cross access and through access
agreement for ingress/egress. The applicant should amend the current cross access agreement
with Eagle Family Worship to include ajointlcollective parking agreement or provide
documentation showing the school currently has an agreement for shared parking prior to the
City issuing a zoning certificate for the placement of the portable classroom.
· Staffhas reviewed the particular facts and circumstances of this proposed conditional use and, in
tenns of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the R-E (Residential Estates - up to one unit per two acres)
zoning district since school, public or private as defined within Section 8-1-2
requires a conditional use penn it;
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B. Will be hannonious 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 hannonious and
appropriate in appearance with the existing or intended character of the general
vicinity since the use will not change the essential character of the same area, the
development will be required to meet the City's design review requirements, and
the proposed facility is only temporary until a new building is completed and the
portable classroom will be removed;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the site is currently being used for the North Star Charter School and the facilities
are 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 since the school site
is located on an urban collector, connected to potable water from United Water
Company of Idaho and is connected to sanitary sewer service through Eagle
Sewer District.
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 this site is currently being utilized for a school and services are
already provided to the site;
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
since this is a school facility and children attending the school are bussed in thus
reducing traffic;
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 site since the development will be required to meet conditions of
a design review application. The site has adequate ingress/egress from N. Park
Lane as provided with an existing cross access agreement with the church to the
south and adequate parking will be provided as conditioned herein; 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 infonnation 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.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 14, 2007, 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 one individual who
had the following concerns: I) who will follow up on the conditional use penn it conditions of approval
to make sure the temporary units will be removed by the required expiration date, 2) the school will
not have adequate parking for the expanded use, 3) during the times of dropping and picking up
students there is traffic congestion, 4) during school events people are parking their vehicles on Park
Lane creating a dangerous situation due to pedestrian movement, and 5) requested that if the temporary
units are approved that the City ensure that they will be required to be aesthetically pleasing to the
neighborhood.
C. Oral testimony in favor of this proposal was presented to the City Council by two (2) individuals (not
including the applicant/representative) who indicated that they support allowing the portables on site
so when they move into a newly constructed facility they will have the student base to support the
school. They also addressed stated that the school has a bussing program to address the concerns of the
neighbor.
D. Oral testimony neither in favor or opposed to this proposal was presented by one individual who
indicated that since the school is expanding to allow high school students these students will probably
want to drive their own vehicles therefore the existing on-site parking will not be adequate.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-08-02 MOD for a modification to an existing conditional
use penn it to install two (2) 1,792 square foot portable classrooms unit totaling for North Star
Charter School with the following site specific conditions of approval and standard conditions of
approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. This conditional use shall expire three years from the date of City Council approval.
2. The portable classroom shall be removed upon expiration of the Conditional Use Penn it or upon
completion ofa pennanent school facility, whichever occurs first.
3. Amend the current cross access agreement with Eagle Family Worship to include ajoint/collective
parking agreement or provide documentation showing the school currently has an agreement for
shared parking prior to the City issuing a zoning certificate for the placement of the portable
classroom.
4. The applicant shall submit a staff level design review application showing elevations of the
proposed portable office to ensure compatibility with the surrounding structures for review and
approval by the staff. two (2) members of the Design Review Board. and one (]) Councilman Gity
prior to issuance of a :I;0RiRg eertifteate Certificate ofOccuDancv for tile fllaeemeRt of the portable
classrooms.
5. The placement of the portable classroom shall comply with the required setbacks for an R-E
(Residential Estates - Residential up to one unit per two acres) zone per Eagle City Code, Section
8-2-4. The setbacks shall be measured from the property boundaries of the lot.
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Front Rear Interior Maximum Minimum Minimum
(West) (East) Side Lot Lot Area Lot
(North Covered (Acres Or Width l-
and Sq. Ft.) G
South) And H*
150' 1~[20' 1[24% 111.8 acres 11100' I
6. The North Star Charter School should establish a closed campus with the exception of students
who are participating in work related internships.
7. Parking shall be prohibited on Park Lane for school and special events.
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 penn its 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 pennits or Certificate of Occupancy, whichever occurs first.
3. All pennits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building penn it 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 penn its or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are pennitted, 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 penn its 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
certirying that all drainage shall be retained on-site prior to issuance of any building penn its 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
shall be submitted to the City Engineer for review and approval prior to issuance of any building
penn its 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 perfonnance bond shall be submitted to
the City Clerk, prior to issuance of any building pennits 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.
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All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the stonn drain disposal system shall be complete before an occupancy penn it 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 certif'y 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 pennits 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 penn its 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 penn its 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.
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 penn its 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 detennined 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 (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
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issuance of any building penn its 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 penn it 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 penn it 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 pennit 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 penn it 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
penn it 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 pennit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Unifonn 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.
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 tenns 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
confinnation 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
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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 hannless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on site on July 19,2007, from 6:00 PM to 8:00 PM, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on July 20,2007.
2. Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 30, 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 July 27, 2007. The site was posted in accordance with the Eagle City Code on August 2,
2007. Requests for agencies' reviews were transmitted on July 27, 2007, in accordance with the
requirements of the Eagle City Code.
3. The Council has reviewed the particular facts and circumstances of this proposed conditional use and, in
tenns of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional
use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the R-E (Residential Estates - up to one unit per two acres)
zoning district since school, public or private as defined within Section 8- 1-2
requires a conditional use penn it;
B. Will be hannonious 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 hannonious and
appropriate in appearance with the existing or intended character of the general
vicinity since the use will not change the essential character of the same area, the
development will be required to meet the City's design review requirements, and
the proposed facility is only temporary until a new building is completed and the
portable classrooms will be removed;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the site is currently being used for the North Star Charter School and the facilities
are buffered from the adjacent 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
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responses received by agencies providing the public services since the school site
is located on an urban collector, connected to potable water from United Water
Company of Idaho and is connected to sanitary sewer service through Eagle
Sewer District.
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 this site is currently being utilized for a school and services are
already provided to the site;
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
since this is a school facility and children attending the school are bussed in thus
reducing traffic and the Council has encourage a closed campus as conditioned
herein;
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 site since the development will be required to meet conditions of
a design review application. The site has adequate ingress/egress from N. Park
Lane as provided with an existing cross access agreement with the church to the
south and adequate parking will be provided and parking will be prohibited on
Park Lane as conditioned herein; 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 pennit shall not be considered as
establishing a binding precedent to grant other conditional use penn its.
DATED this 21't day of August, 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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