Findings - CC - 2010 - CU-03-10 - New La Mia Terra Private School On 4.86 Acre At 10895 N Horseshoe Bend Rd
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
FOR A PRIVATE SCHOOL FACILITY )
FOR LA MIA TERRA LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-10
The above-entitled conditional use permit application came before the Eagle City Council for their action
on September 14,2010. 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 DESCRIPTION:
La Mia Terra, LLC, represented by Shawn Nickel with SLN Planning, is requesting
conditional use approval for La Mia Terra School, a new private school facility. The 4.86-
acre site is generally located on the west side of North Horseshoe Bend Road
approximately 1,ISO-feet south of East Floating Feather Road at 1089S North Horseshoe
Bend Road. The site is also located within the Brutsman Subdivision Preliminary Plat (Lot
2, Block 1).
B. PROJECT SUMMARY:
The applicant is proposing to convert the existing residential dwelling located on the
property into a private school. The property is designated in the comprehensive plan as
Residential Four and is located in the R-4-DA (Residential- up to four units per acre with
a development agreement) zoning district. Eagle City Code states that public and private
schools require approval of a conditional use permit when located within the R
(Residential) zoning district. The applicant will also be required to submit a design review
application for the proposed school due to the change in use.
e. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Thursday, April IS, 2010, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on June 16,2010.
D. 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 6S,
Idaho Code and the Eagle City Code on July 12,2010. 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 6S, Idaho Code and Eagle City
Code on July 7, 2010. The site was posted in accordance with the Eagle City Code on July
23,2010. Requests for agencies' reviews were transmitted on June 22, 2010 in accordance
with the requirements of the Eagle City Code.
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Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 6S, Idaho Code and the Eagle City
Code on August 23, 2010. 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 6S, Idaho Code and Eagle City Code on August 18,
2010. The site was posted in accordance with the Eagle City Code on September 3,2010,
E. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 12,2003, the Eagle City Council denied an annexation and rezone from RUT
(Rural Urban Transition - Ada County Designation) to R-4 (Residential - up to four (4)
dwelling units per acre) for this site (A-l-03/RZ-I-03).
On July 2S, 2006, the Eagle City Council approved an annexation and rezone from RUT
(Rural Urban Transition - Ada County Designation) to R-4-DA (Residential - up to 2.67
units per acre with a development agreement) (A-3-06/RZ-03-06).
On July 10,2007, the Eagle City Council approved a preliminary plat for this site for
Brutsman Subdivision (PP-02-06).
On July IS, 2002, the Eagle City Council approved a preliminary plat extension of time
application for Brutsman Subdivision until July 10,2009.
On October 13, 2009, the Eagle City Council approved a preliminary plat extension of
time application for Brutsman Subdivision until July 10, 2010.
F. COMPANION APPLICATIONS: None
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four (up to R-4-DA (Residential- up to Residential Dwelling
four (4) dwelling units four (4) units per acre with a (Proposed Brutsman
per acre maximum) development agreement) Subdivision)
Proposed No Change No Change Private School
North of site Residential Four (up to R-4-P (Residential- up to Residential Subdivision
four (4) dwelling units four (4) units per acre- (Shadowview Subdivision)
per acre maximum) planned unit development)
South of site Residential Four (up to R-4-P (Residential- up to Residential Subdivision
four (4) dwelling units four (4) units per acre - (Shadowridge Subdivision)
per acre maximum) planned unit development)
East of site Residential Three (up to R-2 (Residential- Ada Residential Subdivision
three (3) dwelling units County Designation) (Brenson Subdivision No.
per acre maximum) 2)
West of site Residential Four (up to R-4- (Residential- up to SH SS and Residential
four (4) dwelling units four (4) units per acre) Subdivision (Echohawk
per acre maximum) Estates Subdivision No.2)
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H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
I. EXISTING SITE CHARACTERISTICS:
The site is located between Shadowview and Shadowridge Subdivisions and contains an
existing residential dwelling, numerous accessory structures (a majority of which are
encroaching into the required side yard setbacks) and pasture located west of the existing
residential dwelling. There are mature trees located in proximity to the residential dwelling
and Horseshoe Bend Road. The site contains a circular driveway which provides access to
Horseshoe Bend Road.
1. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 4.66-acres (202,989 square 8,000-square feet
feet)
Percentage of Site Devoted to Building 13.3% (3,S40 square feet). 40% (maximum)
Coverage
Percentage of Site Devoted to 6S.8% (I7,S40 square feet)* 10% (minimum)
Landscaping
Number of Parking Spaces 12 12 (minimum)
Front Setback SS-feet 20-feet (minimum)
Rear Setback I,180-feet 2S-feet (minimum)
Side Setback (north) 2.7S-feet 7.S-feet (minimum)
Side Setback (south) O-feet (existing barn) 7.S-feet (minimum)
* Based on the portion of the site (.61-acres) proposed for the private school.
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
There are no new buildings being proposed on the site (an addition to the existing
residence is proposed for a later date). The site currently contains one (I) existing
residential dwelling, three (3) barns and seven (7) animal shelters. The applicant is
proposing to convert the existing residential dwelling into a private school and utilize the
barn located adjacent to the southern boundary of the property for storage of the trash and
recycle bins.
Height and Number of Stories of Proposed Buildings:
The proposed private school to be located within the existing residential dwelling is thirty-
five feet (3S') in height consisting of two (2) stories.
Gross Floor Area of Proposed Buildings:
The proposed private school consists of a total of 4,832-square feet located on two (2)
floors and the basement of the existing residential structure. The applicant is only
proposing to utilize the main floor for the private school at this time.
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On and Off-Site Circulation:
The site plan date stamped by the City on June 16, 20 I 0, shows a twenty-four (24') foot
wide single driveway access point located approximately thirty feet (30') north of the
southern property line.
L. PUBLIC SERVICES AVAILABLE:
The Eagle Sewer District has sewer service lines stubbed to the property at two (2)
locations. Eagle Water Company has a water service line located adjacent to Horseshoe
Bend Road. The applicant will be required to connect to central water service (Eagle
Water Company) and central sewer service prior to the issuance of a certificate of
occupancy for the building. The applicant will be required to submit construction plans to
the Eagle Fire Department for review and approval prior to the issuance of a building
permit.
M. PUBLIC USES PROPOSED: None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - adjacent to the existing residential dwelling
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 Highwav District - Provided co"espondence requiring the applicant to 1) construct
aflVefoot (5') wide sidewalk aligning with the existing sidewalk located north and south of the
site and adjacent to Horseshoe Bend Road, 2) construct vertical curb and gutter abutting the
site and matching the curb lines on both the north and south parcels along Horseshoe Bend
Road; widen the existing driveway to twenty-four feet (24'), 3) enter into a license agreement
for any landscaping located within the ACHD right-of-way, 4) other than the access specifically
approved with this application, direct lot access to Horseshoe Bend Road is prohibited. 5) With
a future development application, the access approved with this application may be required to
be closed and 6) comply with all Standard Conditions of ApprovaL
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Central District Health Department - Indicated that if restroom facilities are to be installed the
sewage system to be installed must meet Idaho State Sewage Regulationsw The co"espondence
also indicated that the applicant must contact the health district in regard to licensing
requirements for a cafeteria.
Eagle Fire Department - Indicated that adequate exiting,flre sprinklers,flre alarm system and a
type one oven range hood will be required to be installed prior to occupancy.
Idaho Department of Environmental Quality - No comment at this time
Star Joint Fire District - No comment
Q. LETTERS FROM THE PUBLIC: None received
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Land Use Map designates this site as Residential Four.
Residential Four
Suitable primarily for single family residential development within an urbanized setting.
An allowable density of up to 4 units per I acre.
· Chapter 4 - Schools, Public Services and Utilities
4.2.4 Schools Implementation Strategies:
M. Encourage land use development to reduce street hazards by developing access to
elementary and secondary schools on local streets and/or pathways.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-1-2 Rules and Definitions:
Schools, Public or Private: Educational institutions having a curriculum comparable to
that required in the public schools of the state ofIdaho.
. Eagle City Code Section 8-2-3
School, Public or Private requires the approval of a conditional use permit within the R
(Residential) zoning district.
. Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area:
Zoning Maximum UU Interior Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Lot
And H* Width 1*
IR-4 113S' 1~~17.S' 1120' 1140% 118,000 1170' 1
. 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.
. Eagle City Code Section 8-4-S Schedule of Parking Requirements:
Elementary and junior high
schools
2 for each classroom and 1 for every 5 seats in the auditoriums or
assembly halls
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· Eagle City Code Section 8-7-3-S (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
e. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.3 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way
between this property and the edge of pavement along Horseshoe Bend Road to be
landscaped prior to the City of Eagle signing the final plat.
2.S A letter of approval shall be provided to the City from the Eagle Sewer District indicating
that the property has been annexed into the Eagle Sewer District's service boundaries prior
to the submittal of the preliminary plat. Each lot within the proposed preliminary plat
(subdivision) shall use and be connected to central sewer.
2.7 Construct a five foot (S') wide detached sidewalk within the right-of-way of Horseshoe
Bend Road prior to the issuance of any occupancy permits for the site.
2.8 Provide a ten foot (IO') wide public access easement for a pathway for the connection of
the internal street (as shown on the concept plan) to Horseshoe Bend Road, prior to the
submittal of a preliminary plat.
2.9 The developer shall ensure all existing structures (houses, garages, barns etc.) that will
remain on the site comply with the R-4 (Residential) zoning district regulations.
Otherwise, the applicant shall move or remove all structures (houses, barns, etc.) from the
site prior to the City Clerk signing the Final Plat. Demolition permits shall be obtained
prior to the removal of any said structures.
D. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS OF APPROVAL, WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
1. Comply with all conditions within the development agreement for rezone application RZ-03-
06.
4. Provide a revised preliminary plat that contains a plat note specifYing that a ten foot (l 0') wide
easement for a six foot (6') wide paved pathway will extend along the southern boundary of
Lot 3, Block I and Lot 2, Block I. The revised preliminary plat shall be reviewed and
approved by staff prior to the submittal of a final plat application.
S. Provide a revised preliminary plat that shows the lot lines for Lots 3 and 4, Block 1, to be
merged and a twelve foot (I2') easement for a driveway access to Lot 2, Block 1. The revised
preliminary plat shall be reviewed and approved by staff prior to the submittal of final a plat
application.
E. DISCUSSION:
. The applicant is requesting conditional use approval to convert an existing residential dwelling
into a private school (students ranging in ages from pre-kindergarten through fifth grade) in a
R-4-DA (Residential - up to 2.67 units per acre with a development agreement) zoning
district. The applicant provided a floor plan date stamped by the City on June 16,2010, which
shows a 4,426-square-foot school consisting of two (2) floors and a basement. The proposed
facility consists of four (4) classrooms, art room, one (I) art studio, one (I) media room, a
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kitchen, three (3) bathrooms and storage. The applicant provided a narrative, date stamped by
the City on June 16, 2010, which indicated that the completion of the school will be phased
based on the ability to provide proper services, including sewer, water, and fire protection to
the structure.
Phase one will be located on the first floor and will contain two (2) classrooms, a kitchen, an
art studio and one (I) bathroom. The first phase will be capable of handling up to fifteen (IS)
children. The remaining phases will be completed once emergency access and fire sprinklers
are installed to the specifications of the fire code. Although the applicant is proposing to
complete the project in phases, should a conditional use permit be approved it is unknown
whether or not there are measures in place to prevent the applicant from operating the private
school at full capacity. Should the conditional use permit be approved the applicant should
complete all of the improvements for the entire building prior to the issuance of a Certificate
of Occupancy.
. The subject site was previously annexed and rezoned from RUT (Ada County designation) to
R-4-DA (up to 2.67 units per acre with a development agreement). Upon annexation and
rezone the applicant applied for preliminary plat approval and the City Council approved a
preliminary plat (Brutsman Subdivision) for the site. The subject site for the proposed school
consists of a Lots 1 and 2, Block 1, excluding the portion of Lot 2, Block 1, providing access
to East Shadowbluff Street (internal street), and an area of Lot I, Block I, common area to be
utilized for the collection of a portion of the storm water drainage for the subdivision. The
site/landscape plan date stamped by the City on June 16, 2010, shows the existing driveway
(located approximately thirty feet (30') north of the southern property line) providing access to
Horseshoe Bend Road widened to twenty-four feet (24') in width. The applicant's
representative has indicated within the narrative that it is the applicant's intent (upon approval
of the conditional use permit for the private school) to proceed with a development agreement
modification and a lot split (parcel division) to divide the school site from the original parcel.
Currently, there are two (2) streets stubbed to the property from Shadowridge and
Shadowview Subdivisions. If the site where the proposed school is to be located is divided
from the original parcel through a parcel division process, the applicant will not be able to
meet the open space requirements and access requirements (drainage will have to be
accommodated elsewhere) for the approved preliminary plat. The parcel division would
further diminish the opportunity for redevelopment of the site since the adjoining subdivisions
have been designed with stub streets to allow for orderly development ofthe subject property.
The conceptual plan associated with the development agreement as well as the approved
preliminary plat for the site shows the access to Horseshoe Bend Road as being removed and
the site where the proposed private school is to be located gaining access from an internal
street. As part of the approval process for the preliminary plat, Ada County Highway District
stated that access to Horseshoe Bend Road is not approved and that access to the existing
structure (proposed private school) be provided from an internal street. An Ada County
Highway District staff report dated July 21, 2010, recommends a modification of district
policy to allow the applicant to widen the existing driveway onto Horseshoe Bend Road to
twenty-four feet (24') in width. The reasons cited for the modification was that the proposed
driveway is reasonably located between two existing public streets and there is the potential
for the driveway to be closed in the future when the remainder of the site redevelops. Within
the Site Specific Conditions of Approval it is stated that other than the access specifically
approved with this application, direct lot access to Horseshoe Bend Road is prohibited. And
further, with a future development application, the access approved (to Horseshoe Bend Road)
with this application may be required to be closed. Upon development of the remainder of the
property west of the playground (shown on the site/landscape plan date stamped by the City on
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June 16, 2010), access to Horseshoe Bend Road should be terminated and access to the school
site should be provided from an internal street.
· Pursuant to Condition of Development No. 2.S in the executed development agreement
associated with the rezone for this site, the applicant was required to submit a letter from the
Eagle Sewer District indicating that the property had been annexed into the Eagle Sewer
District prior to submitting a preliminary plat. Staff contacted Eagle Sewer District to ascertain
whether or not the subject property is located within the boundaries of the district. Eagle
Sewer District staff explained that the previous owner had applied and started the process of
annexation into the district but have not paid the required annexation fees to date. Until the
fees are paid the subject property will not be annexed into the district. Since a preliminary plat
associated with the property has been approved the applicant should complete the Eagle Sewer
District annexation process to be in compliance with the executed development agreement
prior to issuance of a zoning certificate for the construction of improvements.
· Pursuant to Condition of Development No.2. 7 in the executed development agreement the
applicant is required to construct a five foot (S') wide detached sidewalk within the right-of-
way of Horseshoe Bend Road prior to the issuance of any certificate of occupancy permits for
the site. The site/landscape plan date stamped by the City on June 16, 2010, shows a five foot
(S') wide sidewalk located adjacent to North Horseshoe Bend Road. The landscaped buffer
and sidewalk to be located adjacent to North Horseshoe Bend Road should be designed and
constructed to be compatible and cohesive with the buffer areas and sidewalk for Shadow
Ridge Subdivision located to the south and Shadow View Subdivision located to the north of
the subject parcel.
. Pursuant to Condition of Development No. 2.8 in the executed development agreement and
Site Specific Condition of Approval No. 12 associated with the approved preliminary plat, the
applicant was required to provide a ten foot (IO') wide public access easement for a pathway
for the connection of the internal street (as shown on the concept plan) to Horseshoe Bend
Road, prior to the submittal of a preliminary plat. The site/landscape plan associated with the
private school date stamped by the City on June 16, 2010, does not show the required ten foot
(l0') wide pathway easement. The applicant should provide a revised site plan showing a ten
foot (l0') wide public access pathway easement adjacent to the southern boundary prior to
submitting a design review application for the private school. The applicant should also
provide a revised site/landscape plan showing a minimum six foot (6') wide asphaltic pathway
located within the ten foot (l0') wide public access easement prior to submitting a design
review application for the private school.
. The site/landscape plan date stamped by the City on June 16, 2010, shows an existing barn
located adjacent to the southern boundary and within the required setbacks. The existing barn
is also located partially outside of the proposed school site. Pursuant to Condition of
Development No. 2.9 in the executed development agreement, the applicant was required to
ensure that all structures on the site comply with the setback requirements for the R-4
(Residential) zoning district. Otherwise, the applicant was to remove the structures from the
site. As noted in the applicant's narrative date stamped by the City on June 16, 20 I 0, should
the private school be approved the applicant will subsequently be requesting a lot split (parcel
division). This being the case, the applicant should be required to remove the existing barn
located adjacent to the southern boundary prior to issuance of a Zoning Certificate for
construction of improvements.
· The site/landscape plan date stamped by the City on June 16, 20 10, shows a sewer line
extending from the southwest corner of the private school and traveling west in proximity to
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the septic field. Since the site/landscape plan does not show the entire property owned by the
applicant, it is unknown where the sewer line makes the final connection. The narrative
provided by the applicant indicated that sewer is planned to be extended through coordination
with Eagle Sewer District. The applicant should be required to connect the existing sewer line
from the proposed private school into an Eagle Sewer District service line prior to the issuance
of a Certificate of Occupancy.
· The site/landscape plan date stamped by the City on June 16,2010, shows a proposed water
service line extending from the private school and connecting to a central water service line
(Eagle Water Company) located east of the site on the east side of North Horseshoe Bend
Road. The applicant should be required to connect the private school to central water service
(Eagle Water Company) prior to issuance ofa Certificate of Occupancy.
· Kurt McClenny, Fire Marshall with the Eagle Fire District, provided correspondence date
stamped by the City on July 19, 2010, which indicated that the three story home with a full
basement is not approved as submitted to be used as a private school. Mr. McClenny indicated
that adequate exiting, fire sprinklers, fire alarm system, and a type-one oven hood will be
required to be installed prior to occupancy of the building. The applicant should complete all
fire code required improvements for the entire facility and provide a letter of approval from the
Eagle F ire District prior to the issuance of 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 this
title (Eagle City Code Title 8) since a School, public or private, may be permitted
in the R (Residential) zoning district if a conditional use permit is approved by the
City Council;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan and
since a School, public or private, is permitted with the approval of a conditional
use permit within the R (Residential) zoning district and the Comprehensive Plan
designates this site as Residential Four;
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 existing structure will maintain its residential appearance and will also
be subject to the requirements ofa design review and Eagle City Code;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the school facility is subject to design review and will be required to provide
adequate buffers between the school building and the residential uses surrounding
the site. Further, the school hours will be from 8:00 am to 3:30 pm, Monday thru
Friday and will be closed summers and holidays;
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
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the proposed use shall be able to provide adequately any such services as noted in
the documentation provided from said agencies and as required as a part of the
conditions of approval;
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the applicant will be required to make improvements to the site
such as a sidewalk adjacent to Horseshoe Bend Road as well as connect the public
school to central water service and a central sewer system;
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 the access is approved by Ada County Highway District and upon
redevelopment of the site the applicant will be required to take access from an
internal street and most of the student activities associated with the school use will
be contained indoors with the exception of children playing in the playground
located to the rear of the building at given times throughout the day; and
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the
proposed school site is located adjacent to an urban collector (Horseshoe Bend
Road), the vehicle circulation pattern allows for safe drop-off and turn-around on-
site eliminating the need for backing onto the roadway, and the applicant will be
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 the 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 August
2,2010, 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 neither in favor nor in opposition to this proposal was presented by one (I) person who
owns an adjacent residence and voiced concerns regarding the proposed parking area in proximity to
his backyard. The person requested that the area be properly buffered to mitigate vehicle lights and/or
nOIse.
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COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
· The proposed use is reasonable and will not be intrusive to the surrounding neighbors.
· The private school facility will be served by central water and sewer facilities.
· The Design Review Board will address any landscaping or buffering concerns on the site.
COMMISSION DECISION:
The Commission voted 4 to 0 (Aizpitarte absent) to recommend approval of CU-03-10 for a
conditional use permit for a private school facility for La Mia Terra, LLC, 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 July 24, 2010.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 14, 2010, 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
app I icant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Semanko absent) to approve CU-03-l 0 for a conditional use permit for a
private school facility for La Mia Terra, LLC, with the following Planning and Zoning
Commission recommended 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. A private school is the only use approved with this conditional use permit (ECC 8-2-3).
2. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project prior to the issuance of a zoning certificate (ECC 1-7-4).
3. The applicant shall submit a design review application and a design review sign application in
accordance with ECC 8-2A. The design review applications shall be reviewed and approved by the
Design Review Board and City Council prior to the issuance of a zoning certificate (ECC 8-2A-
17).
4. The applicant shall obtain a zoning certificate from the Eagle Planning and Zoning Department
prior to commencing construction of any improvements on the site (ECC 8-7-2 [AD.
S. The applicant shall complete all improvements required pursuant to the International Fire Code
and shall provide a letter of approval from the Eagle Fire District prior to the issuance of a
certificate of occupancy (8-7 -2 [B][l D.
6. The applicant shall complete the Eagle Sewer District annexation process prior to the issuance of a
zoning certificate.
7. The applicant shall provide a revised site plan showing a six foot (6') wide asphalt pathway
located within a ten foot (10') wide public access pathway easement adjacent to the southern
boundary of the site with the submittal of the design review application.
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S. The applicant shall remove the existing barn located adjacent to the southern boundary or relocate
the barn outside ofthe required setbacks prior to the issuance of a zoning certificate for
construction of improvements (ECC S-2-4).
9. The applicant shall construct a five foot (S') wide detached sidewalk within the right-of-way of
Horseshoe Bend Road prior to the issuance of a certificate of occupancy. The landscaped buffer
and sidewalk to be located adjacent to North Horseshoe Bend Road shall be designed and
constructed to be compatible with the buffer areas and sidewalk for Shadow Ridge Subdivision
located to the south and Shadow View Subdivision located to the north of this subject parcel (S-
2A-7[M][I]).
10. The applicant shall obtain a license agreement from ACHD to allow the right-of-way between the
subject property and the edge of pavement along Horseshoe Bend Road to be landscaped prior to
the issuance of a zoning certificate.
11. The private school shall be connected to central sewer service (Eagle Sewer District) prior to the
issuance of a certificate of occupancy (S-2-l).
12. The private school shall be connected to central water service (Eagle Water Company) prior to
issuance of a certificate of occupancy (S-2-1).
13. The applicant shall provide a letter from the Meridian School District attesting that the private
school's curriculum is comparable to that required in the public schools of the state ofIdaho (S-l-
2).
14. The applicant shall submit a landscape plan to be reviewed and approved by the Design Review
Board showing the minimum amount of landscaping to be installed on the westerly acreage not
proposed for development at this time (S-2A-7 (B)(4)). The landscape plan shall be reviewed and
approved prior to the issuance of a zoning certificate (ECC S-2A-I7).
IS. The applicant shall construct a cul-de-sac with a twenty-seven foot (27') wide radius to be located
at the terminus of the parking tum-a-round area as shown on the revised site plan date stamped by
the City on September 27,2010.
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 Environmental Quality 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. 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.
S. 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
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submitted with the letter.
6. 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.
7. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
8. 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.
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, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and I,SOO 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 Councilor 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.
IS. 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.
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.
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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, shan require the applicant to comply with an 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).
2S. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on-site at 6:00 PM, Thursday, April IS, 2010, in compliance with
the application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on June 16, 2010.
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 6S, Idaho Code and the Eagle City
Code on July 12, 2010. 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 6S, Idaho Code and Eagle City Code on July 7,2010. The site was posted in accordance with
the Eagle City Code on July 23, 2010. Requests for agencies' reviews were transmitted on June 22,
2010 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 6S, Idaho Code and the Eagle City Code on August 23,
2010. 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 6S, Idaho Code and
Eagle City Code on August 18, 2010. The site was posted in accordance with the Eagle City Code on
September 3, 2010.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-03-l0) with regard to Eagle City Code Section 8-7-S "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. Win, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) since a School, public or private, may be permitted
in the R (Residential) zoning district if a conditional use permit is approved by the
City Council;
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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 a School, public or private, is permitted with the approval of a conditional
use permit within the R (Residential) zoning district and the Comprehensive Plan
designates this site as Residential Four;
e. 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 existing structure will maintain its residential appearance and will also
be subject to the requirements of a design review and Eagle City Code;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the school facility is subject to design review and will be required to provide
adequate buffers between the school building and the residential uses surrounding
the site. Further, the school hours will be from 8:00 am to 3:30 pm, Monday thru
Friday and will be closed summers and holidays;
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
the documentation provided from said agencies and as required as a part of the
conditions of approval;
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the applicant will be required to make improvements to the site
such as a sidewalk adjacent to Horseshoe Bend Road as well as connect the public
school to central water service and a central sewer system;
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 the access is approved by Ada County Highway District and upon
redevelopment of the site the applicant will be required to take access from an
internal street and most of the student activities associated with the school use will
be contained indoors with the exception of children playing in the playground
located to the rear of the building at given times throughout the day; and
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the
proposed school site is located adjacent to an urban collector (Horseshoe Bend
Road), the vehicle circulation pattern allows for safe drop-off and turn-around on-
site eliminating the need for backing onto the roadway, and the applicant will be
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 the site.
4. Pursuant to Eagle City Code 8-7-3-S (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 28th day of September 2010.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 18 of 18
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