Findings - CC - 2009 - CU-05-08 - Montessori School Facility/Currently Northstar Charter
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A MONTESSORI SCHOOL FACILITY FOR )
MIKE AND JODY MALTERRE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-05-08
The above-entitled conditional use permit application came before the Eagle City Council for their action
on March 24, 2009, at which time 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;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Montessori Academy, represented by Mike and Jody Malterre, is requesting conditional
use approval for a Montessori school facility (pre-school thru 8th grade). The site is
currently being used by Northstar Charter School and is located on the east side of Park
Lane approximately 350 feet north of Floating Feather Road at 1400 Park Lane (located
upon Lot 1, Block 1, within Cavallo Estates Subdivision).
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 10,2008.
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 March 4, 2009. 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 January 29, 2009. The site was posted in accordance with the Eagle City Code
on February 6, 2009. Requests for agencies' reviews were transmitted on December 18,
2008 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 with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on March 9, 2009. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on March 4,2009.
The site was posted in accordance with the Eagle City Code on March 11,2009.
D. 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.
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On April 23, 2002, the Eagle City Council approved an annexation and rezone (A-OI-02
& RZ-OI-02) from RUT- (Ada County designation) to R-E (Residential-Estates) for the
parcel located to the south of this subject parcel.
On July 9, 2002, the Eagle City Council approved a conditional use permit for the
construction of a church facility on the parcel south of this subject site.
On October 16, 2002, the Eagle City Council approved a conditional use permit for a
charter school facility for Northstar Charter School (CU-OS-02).
On January 14, 2003, the Eagle City Council approved a design review for North Star
Charter School (DR-66-02).
On August 14, 2007, the Eagle City Council approved a conditional use permit for two
portable classrooms for Northstar Charter School (CU-OS-02 MOD)
E. COMPANION APPLICATIONS: None
F. 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 Montessori School Facility
(private)
North of site Residential Two RUT (Residential - Ada S ingle- family residences
County designation) (Lorenzo Estates
Subdivision)
South 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 of site Residential Two RUT (Residential - Ada Farmland
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, DSDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
An existing building, formerly the 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 berms. 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 Uoint 27-spaces (minimum)
parking/access agreement
with the church to the south
for additional parking)
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) 198- feet (approximately) 35-feet
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One existing building is proposed to be used as a Montessori school facility.
Height and Number of Stories of Proposed Buildings: 20-feet, one story
Gross Floor Area of Proposed Buildings: 14,400-square feet
On and Off-Site Circulation:
A parking area is 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
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
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 to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - No specific comments
Chevron Pipeline - No conflict
Department of Environmental Quality - Standard comments on air and water quality
Eagle Fire Department - No opposition
Idaho Transportation Department - No Comment
Q. LETTERS FROM THE PUBLIC: None received to date.
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
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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 REPRORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
4.3 Goal
a. Encourage the provision of public utilities, services, and schools.
b. Support the enhancement of the public educational system with emphasis
on promoting quality school facilities.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2-3 requires City approval of a conditional use permit for a school
facility (public or private) in the R-E (Residential Estate - One dwelling unit per two acres)
zoning district.
. Eagle City Code Section 8-7-3-5 (F) Effect Of Issuance On Other Conditional Uses:
A conditional use permit shall not be considered as establishing a binding precedent to grant
other conditional use permits.
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C. DISCUSSION:
. Montessori Academy is requesting a conditional use permit to operate a Montessori school
(grades pre-school thru 8th grade) in an existing building within a residential zoning
designation. On October 16, 2002, the Eagle City Council approved a conditional use permit
for a charter school facility for Northstar Charter School (CU-08-02) on the same property.
Northstar Charter School will be moving to a new location leaving the existing building and
property vacant. Because Montessori Academy will be offering grade levels similar to those
offered thru Northstar Charter School and is proposed to have a similar number of students no
additional or adverse impact to the area is expected.
. Staff 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 since a private school requires City Council approval of a
conditional use in the R-E zoning district;
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 school has met conditions of a design review application, and will
comply with the conditions of approval for the Cavallo Estates Subdivision;
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 school will be operate within an existing structure that was already
approved by the City for such uses;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the school facility is adequately buffered from any residential uses surrounding the
site;
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 as required and conditioned herein; 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.
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 improvements to the site such as a sidewalk on Park Lane have
been completed and the site has been connected to central services including
sewer and water;
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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 the previous
Northstar Charter School was required to provide approaches to the site that are
designed and built to the specifications of the Ada County Highway District; 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 February
23, 2009, 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).
D. Oral testimony was presented by three (3) individuals who wanted to make sure that the following
concerns were addressed:
1. That the existing portable units being used by Northstar Charter School will be removed.
2. A fenced playground area will be created for the pre-school and pre-school students.
3. That there is adequate space in the building for the students and that maximum occupancy
codes not being violated.
4. Concerns about the speed of buses in the area (buses will not be used for this school).
5. Ensure that garbage on the grounds is cleaned up each day.
6. An effective barrier needs to be created to keep the children away from the horses located in
the adjacent pasture to the north.
7. Questions concerning compensation to the church because of how often the school uses its
facilities.
8. Questions about notification procedure and agreements with adjacent properties.
COMMISSION DECISION:
The Commission voted 3 to 0 (Aizpitarte absent) to recommend approval of CU-05-08 for a
conditional use permit for a Montessori School (grades Pre-school thru 8th grade) for Montessori
Academy, with the site specific conditions of approval and standard conditions of approval as
shown within their Findings of Fact and Conclusions of Law document, dated March 2,2009.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 24, 2009, 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 3 to 0 to approve CU-05-08 for a conditional use permit for a Montessori
School (grades pre-school thru 8th grade) for Montessori Academy, with the following Planning
and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use Montessori School Facility (Pre-school thru 8th grade) is approved with the
conditions noted herein. The property is subject to the conditions of design review.
2. Provide a cross-access and through access agreement with Eagle Family Worship prior to the City
issuing a certificate of occupancy for Montessori Academy.
3. Comply with all applicable conditions ofPP-6-01 (Cavallo Estates Subdivision).
4. No structures on the site have been proposed to exceed 35-feet and none are approved with this
application.
5. All mechanical units proposed for the site shall be screened from view pursuant to Eagle City
Code 8-2A-6(A)(5)(b). Building elevations showing the proposed screening method shall be
submitted for review and approval by the Design Review Board prior to the issuance of a building
permit.
6. No signs are proposed with this application. A design review application is required for the
approval of any signs.
7. The applicant should be encouraged to allow the public use of any playground equipment or ball
fields that the school may provide.
8. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Dig line" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
9. Provide a staff level design review application for the wrought iron fence that will be constructed
for the pre-school and kindergarten playground area prior to the issuance of a zoning permit for
this use.
10. The applicant shall work closely with the adjacent property owner to the north on a fencing option
that will provide a cost effective barrier between the Montessori Academy students and the horses
contained on the adjacent property under the current circumstances. The applicant shall provide
cut sheets of the fencing/barrier option (showing size, style, color etc.) with the above mentioned
design review application for the wrought iron fence.
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STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of
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.
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
certifying 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 certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits or
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Certificate of Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, or other irrigation entity associated
with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to the City Clerk signing the final plat.
10. 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.
11. 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.
12. 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.
13. 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 (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.
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.
14. 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
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issuance of a building permit or Certificate of Occupancy, whichever occurs first.
9. 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.
16. 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.
17. 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.
18. 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.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
22. 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.
23. 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.
24. No change in the terms and conditions ofthis 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.
25. 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).
26. 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.
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CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on December 10, 2008.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 2, 2009. 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 January 29,2009. The site was posted in accordance
with the Eagle City Code on February 6, 2009. Requests for agencies' reviews were transmitted on
December 18, 2008 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
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 9,2009.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on March 4, 2009. The site was posted in accordance with the Eagle City Code on March
11,2009.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-05-08) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed conditional use permit
is in accordance with the Eagle City Code because:
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 since a private school requires City Council approval of a
conditional use in the R-E zoning district;
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 school has met conditions of a design review application, and will
comply with the conditions of approval for the Cavallo Estates Subdivision;
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 school will be operate within an existing structure that was already
approved by the City for such uses;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the school facility is adequately buffered from any residential uses surrounding the
site;
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 as required and conditioned herein; 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.
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F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since improvements to the site such as a sidewalk on Park Lane have
been completed and the site has been connected to central services including
sewer and water;
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, glar,e 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 the previous
Northstar Charter School was required to provide approaches to the site that are
designed and built to the specifications of the Ada County Highway District; 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.
DATED this 14th day of April 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
Ad , Idaho
ATTEST:
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Page 13 of 13
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