Loading...
Findings - PZ - 2021 - CU-07-20 - Innovate Academy BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR) A PRIVATE SCHOOL FOR INNOVATE ) ACADEMY ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-07-20 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on June 21,2021,at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT: A. PROJECT SUMMARY: Megan Stephens,represented by Brittnee Elliott, is requesting conditional use permit approval for a private school.The 1.81-acre site is located at the southeast corner of North Eagle Road and East Mission Drive at 175 East Mission Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, on Thursday, September 10, 2020, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on August 21, 2020. Revised application documents were received on May 14, 2021. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on October 28, 2020, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 4, 2021. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65,Idaho Code and Eagle City Code on May 27,2021.The site was posted in accordance with the Eagle City Code on June 11,2021. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 25, 1993,the Eagle City Council approved a design review application(DR-10-93)for monument sign for Eagle Heights Baptist Church located at 291 North Pt Street. On December 27, 1996, the Eagle City Design Review Committee approved a design review application (DR-25-96) for a monument sign for the New Heights Baptist church located at 291 North Pt Street. On July 12, 2005, the Eagle City Council approved a comprehensive plan amendment (CPA-01- 05),a rezone(RZ-01-05),and conditional use permit(CU-01-05)for Eagle Heights Baptist Church to construct a residential/commercial development located at 291 North Pt Street. E. COMPANION APPLICATIONS:None Page 1 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown(Scenic R-4(Residential) Community Center Corridor Overlay) Proposed No Change No Change Private School North of site Neighborhood(Scenic R-4 (Residential) Single-family dwellings Corridor Overlay) South of site Downtown(Scenic R-4(Residential) Single-family dwellings Corridor Overlay) East of site Neighborhood(Scenic R-4 (Residential) Single-family dwellings Corridor Overlay) West of site Downtown, R-4 (Residential), PS Single-family dwellings, Public/Semi-Public (Public/Semipublic) Eagle Elementary School (Scenic Corridor Overlay) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, or CEDA. H. URBAN RENEWAL DISTRICT:No. EXISTING SITE CHARACTERISTICS: The site has multiple buildings and parking areas constructed on site with mature trees located around the perimeter of the property. Page 2 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf docx J. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.81-acres(78,844-square feet) 8,000-square feet(minimum) Percentage of Site Devoted 4.9%(approximately) 40%(maximum) to Building Coverage Percentage of Site Devoted Greater than 10% 10%(minimum) to Landscaping Number of Parking Spaces 31-total parking spaces 2 for each classroom and 1 (28 standard spaces and 3 for every 5 seats in the accessible spaces) auditoriums or assembly halls(minimum), interior layout of proposed school not specified in application. Front Setback(North) 110-feet(approximately)* 20-feet(minimum) Rear Setback(South) 9-feet 9-inches 25-feet(minimum) (approximately)* Side Setback(East) 11-feet(approximately)* 7.5-feet(minimum) Side Setback(West) 25.5-feet(approximately)* 7.5-feet(minimum) *Note:Setbacks measured from the property line to the foundation of the nearest building. K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed and Existing Buildings: The applicant is proposing to utilize two(2)existing buildings for a school. Height and Number of Stories of Proposed and Existing Buildings: The two(2)existing buildings are single story and less than 35-feet in height. Gross Floor Area of Proposed and Existing Buildings: Existing Western structure = 2,652-square feet Existing Eastern structure = 1,236-square feet Total = 3,888-square feet On and Off-Site Circulation: Two (2) 24-foot-wide driveways located 250-feet east of North Eagle Road and 450-feet east of North Eagle Road provide access from East Mission Drive and allow for one-way circulation through the site. The site is currently accessed by two(2)points of access from East Mission Drive that provide one- way ingress and egress through the site. The applicant has submitted signed authorization for the abandonment/vacation of the public right- of-way by and between the Ada County Highway District and Brad and April Dillon, per Resolution Number 2338, date stamped by the City of Eagle on May 4, 2021. The applicant is not intending to utilize North 1st Street for site circulation. Page 3 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pz'.docx L. PARKING ANALYSIS: Total number of Classrooms: Two(2)elementary school classrooms Three(3)middle school classrooms Total number of seats for auditorium and assembly halls: 0 Elementary&Junior High School: Proposed Parking Spaces: 31-parking spaces Required Parking Spaces: 10-parking spaces M. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Water Company,Eagle Sewer District,and the Eagle Fire Department. N. PUBLIC USES PROPOSED:None proposed. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. P. 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—no Unique Plant Life—no Unstable Soils—unknown Wildlife Habitat—no Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required. R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District S. LETTERS FROM THE PUBLIC: A compilation of 28 letters from current students of Innovate Academy - distributed by Brittnee Elliott,date stamped by the City on May 28,2021 (attached to the staff report). T. 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; Page 4 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf.docx 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. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017),designates this site as the following: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core. A variety of business, public, quasi-public, cultural, ancillary residential and other related uses are encouraged.The greatest possible concentration of retail sales and business is to occur in this land use designation.Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged. Land within this district is the only place to utilize the CBD zoning designation.Other zones within Downtown Eagle may include Mixed Use,Residential, Commercial and Professional Office. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the City. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity. Page 5 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20Innovate Academy pzf.docx 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:An institution of learning that offers academic instruction in the courses that are required by the state of Idaho to be taught in public schools. "School" includes kindergarten, elementary, middle, junior high, and senior high. Privately funded schools whose curriculum meets the state of Idaho standards shall be included in this definition. • Eagle City Code, Section 8-2-3: Schedule of District Use Regulations for the R-4(Residential zone: District regulations shall be as set forth in the official schedule of district regulations, in the performance standards in chapter 3 of this title, and as otherwise provided within this code. The official schedule of district regulations is divided into five(5)land use groups:agricultural, residential, commercial, industrial, and public/semipublic. To determine in which district a specific use is allowed: C. If"P" appears,the use is an allowed use; if"C" appears,the use is only allowed upon the issuance of a conditional use permit and/or a development agreement upon rezone to an MU or BP zoning designation; if no letter appears the use is prohibited. Land Use: Districts: R(Residential) School,Public or Private C (P—Permitted Use/C—Conditional Use/No P or C/Prohibited Use) • Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the R-4(Residential)zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Sq. Width I* Ft.)G And H* R-4 35' 20' 25' 7.5' 20' 40% 8,000 70' • Eagle City Code, Section 8-2A-6(A)(2): Site Landscaping: The site landscaping shall minimize impact on adjacent properties through the proper use of screening with sound and sight buffers,and unsightly areas shall be concealed or screened and the design review board shall consider: c. The providing of screen plantings or other screening methods reasonably required to conceal outdoor storage areas, trash receptacles, service areas, truck loading areas, utility buildings and other unsightly developments. f. The permanent maintenance of all landscaped areas and fencing. • Eagle City Code, Section 8-2A-6(A)(5): Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. Page 6 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20Innovate Academy pzf.docx b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); • Eagle City Code, Section 8-2A-6(B)(3): Fences: c. Wrought iron; • Eagle City Code, Section 8-2A-6(B)(7): Enclosed Trash and Recycle Receptable Areas: All commercial and multi-family developments shall provide for trash and recycle services and shall include an enclosed area for the storage of trash and recycle receptacles. The area shall be screened in accordance with section 8-2A-7J of this article.A waiver of this section may be approved for small businesses that utilize ninety six (96) gallon or smaller trash and recycle receptacles provided the containers are stored indoors or are otherwise screened from view with the use of a screen wall and landscaping. • Eagle City Code, Section 8-2A-6(G)(1): Street Trees: Street trees shall comply with the requirements contained in section 8-2A-7 of this article.Any tree located within a concrete area shall include tree grates and tree wells as depicted on the tree well and tree grate exhibit within the EASD Book.Root barriers shall be required to limit future sidewalk damage from tree roots. • Eagle City Code, Section 8-2A-7(A): Landscape Plan Required: A landscape plan is required for all developments requiring a design review,including,but not limited to,all subdivisions.The landscape plan shall be drawn to scale(no smaller than 1 inch equals 30 feet)and shall indicate the following: 1. Boundaries, property lines,and dimensions. 2. Existing trees and vegetation identified by species and size. 3. The location and design of areas to be landscaped. 4. The location and labels for all proposed plants. 5. Plant lists or schedules with the botanical and common name, quantity, and spacing and size of all proposed landscape material at the time of planting. 6. Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures,fountains, street furniture, lights, and courts or paved areas. 7. Planting and installation details as necessary to ensure conformance with all required standards. • Eagle City Code, Section 8-2A-7(B)(4)(C): Retention,Removal,and Replacement of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed, replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of Page 7 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20Innovate Academy pzfdocx deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted. • Eagle City Code, Section 8-2A-7(E): Installation and Minimum Standards: All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing material. • Eagle City Code, Section 8-2A-7(J)(2): Buffer Areas/Common Lots: a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six foot(6')high landscaped buffer is required. c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way,a five foot(5')wide by six foot(6') high landscaped buffer is required. • Eagle City Code, Section 8-2A-7(J)(3): Materials: a. All buffer areas shall be comprised of,but not limited to,a mix of evergreen and deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of sixty percent(60%)of the total plant material used. b. Height requirements shall be accomplished with plant material,with a fence or decorative wall. c. The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. • Eagle City Code, Section 8-2A-7(K): Parking Lot Landscaping: 1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street parking: Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape. Fences,hedges,berms,and landscaping may be used to screen parking areas (chainlink fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade. 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four(4)options are provided for fulfilling this requirement: a. Provide a ten foot(10')wide landscaped strip between the right of way and the parking lot,and plant with a minimum of one shade tree and ten(10)shrubs per thirty five(35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches(30")minimum height(do not exceed 3:1 slope) within a ten foot(10')wide landscaped strip between the right of way and the parking Page 8 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf docx lot,and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35) linear feet of frontage,excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot(4')wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five(35) linear feet of frontage, excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: (a) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (b) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. 3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot(5')wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five(35)linear feet of perimeter. 4. Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten(10) spaces and above. The required amount of landscaping is based on a sliding scale,as follows: Total Number Of Spaces Percent Of Total Area Of A Lot That Must Be An Interior Landscaped Area 10—20 5 percent 21 —50 8 percent 51+ 10 percent b. Additional Requirements: (1) No interior planter shall be less than five feet(5') in any dimension. (2) No parking space shall be more than sixty feet(60')from an interior landscaped area. (3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet(6'). Page 9 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf.docx (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass.A terminal island for a double row of parking spaces shall contain not less than two(2)trees and shrubs, ground cover, or grass. • Eagle City Code, Section 8-2A-7(M): Parkway Strips, Separated Sidewalks, and Street Trees: 2. In all required applications,excluding residential developments,one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35)linear feet of street frontage. • Eagle City Code, Section 8-3-2(D): Enclosed Trash/Recycle Areas: All trash and/or garbage and recycle collection areas for commercial, industrial and multi- family residential uses shall be enclosed on at least three(3)sides by a solid wall or fence of at least four feet (4') in height, and a solid wood gate on a metal frame shall enclose the fourth side, or shall be within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the administrator shall be provided. • Eagle City Code, Section 8-3-3(A): Visibility at Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between the height of two and one-half feet(21/2') and ten feet (10') above the centerline grades of the intersecting streets within the vision triangle. The boundaries of the clear vision triangle are defined by measuring from the intersection of the edges of two (2) adjacent streets forty feet (40') along each street and connecting the two(2)points with a straight line. In all cases, ITD and ACHD standards shall apply also. • Eagle City Code, Section 8-3-3(B)(1): Fences: In any front yard area,no fence or wall shall be permitted which materially impedes vision across such yard above the height of two and one-half feet(2 1/2')measured from the centerline grade of the adjacent street. Picket style fences where fifty percent(50%)of the fence remains open may be permitted up to four feet(4') in height. Chainlink fencing is prohibited in any front yard area. • Eagle City Code, Section 8-3-3(D): Side and Rear Yards for Nonresidential Districts Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet(40') to any lot line of a Residential District; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Council is provided. Such screening shall be a masonry or solid fence between four feet (4') and eight feet (8') in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet(20')in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet(4')in height at the time of planting. • 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. Page 10 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20Innovate Academy pzf.docx c. Access: Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street. • Eagle City Code, Section 8-4-4-2: Additional Design and Maintenance Regulations and Requirements: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light(including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way,or any private street,or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. D. Screening And/Or Landscaping: Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence, or planting screen. Such wall, fence, or planting screen shall not be less than four feet(4') nor more than six feet (6') in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass,hardy shrubs or evergreen ground cover, and maintained in good condition.In the event that terrain or other natural features are such that the erection of such wall,fence,or planting screen will not serve the intended purpose, then no such wall, fence,or planting screen and landscaping shall be required. • Eagle City Code, Section 8-4-4-2: Bicycle Parking: One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi-family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the parking facility criteria of the"Bicycle-Pedestrian Design Manual For Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board, or planning and zoning commission or city council. • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: Elementary and junior high schools 2 for each classroom and 1 for every 5 seats in the auditorium or assembly halls Kindergartens, childcare centers,nursery 3 for each classroom, but not less than 9 schools and similar uses for the building Page 11 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf docx E. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 67-6512 SPECIAL USE PERMITS, CONDITIONS,AND PROCEDURES: (f) In addition to other processes permitted by this chapter,exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code, in a zoning ordinance may be permitted through issuance of a special use permit or by administrative process specified by ordinance, subject to such conditions as may be imposed pursuant to a local ordinance drafted to implement subsection(d)of this section. F. DISCUSSION: • The applicant is proposing to utilize the subject property, which is currently zoned as R-4, for a private school that will serve students from kindergarten through middle school. The proposed use of the property is not a permitted use within the R-4 zoning designation,per Eagle City Code Section 8-2-3, however Eagle City Code Section 8-2-3 lists "School, public or private"within the Residential(R-4)zone as a Conditional Use. • The existing building located in the southwest portion of the property does not meet the required rear yard setbacks for the R-4 zone. The R-4 zoning designation,per Eagle City Code Section 8-2-4, requires rear yard setbacks of a minimum of 25-feet. The existing building is located approximately 9-feet and 9-inches away from the rear property line, per the provided plan(dated stamped by the City on May 14,2021). The current building should be allowed to remain in place as part of the approval of the conditional use permit.If the existing building is removed and replaced, the proposed building should be designed and located so that it is in compliance with the setbacks required within Eagle City Code Section 8-2-4 at the time construction documents are submitted for permit. • The subject property previously contained public right-of-way for a future cul-de-sac in the southern portion of the property.As part of the application,the applicant has submitted signed authorization for the abandonment/vacation of the public right-of-way by and between the Ada County Highway District and Brad and April Dillon, per Resolution Number 2338, date stamped by the City of Eagle on May 4, 2021. With the recent vacation of the public right-of- way,the applicant is proposing to eliminate access from North 1st Street and will include a new 5-foot high wrought iron fence that spans approximately 120-feet from east-to-west across the vacated right-of-way to eliminate potential ingress or egress via North 1st Street. A hammerhead turnaround will be constructed by others. • The subject property,as designed,is shown to include thirty-one(31)proposed parking spaces with three (3) of those being accessible parking spaces. Off-street parking requirements are pursuant to Eagle City Code Section 8-4-5, which requires that elementary and junior high schools provide parking at a rate of two (2) parking stalls for each classroom and one (1) for every five(5)seats in the auditoriums or assembly halls.The proposed private school is to have two (2) elementary school classrooms and three (3) middle school classrooms which would require a minimum total of ten(10)parking stalls. • The applicant has submitted a cutsheet with elevations and plans of the proposed trash enclosure to be used for the subject property which includes an 8'-0" CMU wall with stucco finish and precast wall cap, metal gates and safety bollards. The site improvement plan provided,date stamped by the City on May 14, 2021, indicates the proposed trash enclosure is to be located on the east side of the property just west of the easterly driveway, but does not indicate which direction the trash enclosure will face, how the existing site will be revised to accommodate the inclusion of the structure, and if new landscape improvements will be included to allow for screening. Eagle City Code section 8-2A-7(J)(2) requires that garbage Page 12 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20Innovate Academy pzf.docx and recycle collection areas are screened from view with a landscape buffer. The applicant should submit a detailed site plan that delineates the exact location and orientation of the trash enclosure within the site and how it will be screened from view on three (3) sides from East Mission Drive prior to the issuance of a zoning certificate. • There is approximately 330-feet (330') of applicable frontage along East Mission Drive (excluding the two (2) driveway openings and the portions of land that include existing trees) that requires the inclusion of street trees and shrub plantings. Pursuant to Eagle City code Sections 8-2A-7(M)(2)and 8-2A-7(L)(1)(a),one(1)shade tree and ten(10)shrubs are required for every thirty-five-feet (35') of street frontage. Three hundred and thirty-feet (330') of frontage would require ten (10) trees and ninety-five (95) shrubs to be included along the frontage of the property adjacent to East Mission Drive. The submitted plan indicates six(6) deciduous trees and zero(0)shrubs are proposed along the frontage of the property adjacent to East Mission Drive.The applicant has submitted a waiver requesting an exception to this code requirement. If the waiver is not granted, the applicant should submit a landscape plan demonstrating compliance with 8-2A-7(M)(2) and 8-2A-7(L)(1)(a) prior to the issuance of a zoning certificate. • The site plan provided(date stamped by the City on May 14,2021)does not indicate if on-site utilities will be underground. All utilities,pursuant to Eagle City Code Section 8-2A-6(A)(5), are required to be located underground. The applicant should submit a revised plan showing all overhead utilities to be located underground prior to the issuance of a zoning certificate. • The applicant has submitted a supplemental narrative, date stamped by the City on May 14, 2021, requesting a waiver of the design review process for this application as they pertain to the existing architecture and the requirements that landscape plans be prepared by a licensed professional. The waiver request states that the existing site contains existing buildings, that may not conform with Eagle City Code and by requiring a design review process with potential architectural revisions to bring the site into compliance that an undue burden is being passed onto the current owner. Included within the narrative is an explanation of how the existing buildings are within the architectural character of the existing neighborhood, how the site has existed in a similar capacity to the new proposed use in the recent past, and how the improvements proposed by the current owner, as reflected in the proposed plan dated stamped by the City on May 14, 2021, will complement the existing adjacencies and further enhance the subject property. Should the design review waiver be granted,the applicant should not be required to bring the existing buildings into conformance with Eagle City Code's design review requirements, as outlined within Eagle City Code Section 8-2A-7 and the Eagle Architecture Site Design Book or to submit landscape plans prepared by a licensed professional. Should the design review waiver not be granted, the applicant should be required to submit the proposed architectural improvements and professionally prepared landscape drawings for design review approval prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, if the Planning&Zoning Commission recommends approval of the conditional use permit application, then staff recommends the site specific conditions of approval and 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 June 21, 2021, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. Page 13 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf docx B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by three(3)individuals(not including the applicant's representative). They were in favor of the proposed conditional use permit for the following reasons: • The school has been beneficial to students in more ways than strictly academics. Students tend to show progression in areas such as social development and critical life skills since the school puts a priority on teaching students in numerous facets of life and academics. • The drop-off and pick-up process is efficient and does not create congestion on the property or within its adjacencies. The average time required for student pick-up and drop-off is about five (5)to eight(8)minutes in total. • The drop-off and pick-up times are each staggered by fifteen (15) minutes from the start and finish times of the adjacent Eagle Elementary School to assist in ensuring that morning and afternoon traffic is not an issue in the area of the schools. COMMISSION DELIBERATION(Granicus Time: 04:10:26): Upon closing the public hearing,the Commission discussed during deliberation that: • The Commission determined that it is unnecessary to establish requirements for site improvements if the owner intends to occupy the land for the use of the school for only the next eight(8)months before moving the school to its new location elsewhere.They should be allowed to function as they are today for another year. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of CU-07-20 for a private school for Innovate Academy, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Commission and text shown with a strikethrough to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. A school(private)facility is the only use approved with this conditional use permit. 2. No construction of additional buildings is approved with this conditional use permit.The applicant shall obtain design review approval prior to the issuance of a building permit for any future proposed buildings. 3. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City,whichever occurs first. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 5. The applicant shall obtain a zoning certificate prior to activation of the school pursuant to Eagle City Code Section 8-7-2A. 6. All overhead utilities on site shall be placed underground prior to the issuance of a zoning certificate, pursuant to Eagle City Code Section 8-2A-6(A)(5). 7. No signs are proposed with this application and none are approved. 8. The existing building located in the southwest portion of the property does not meet the required rear yard setbacks for the R-4 zone but shall be permitted to remain in place. If the existing building is to Page 14 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf.docx be removed and replaced,the proposed building shall be designed and located so that it complies with the required setbacks within Eagle City Code section 8-2-4 at the time construction documents are submitted for permit. 9. The site improvements, including the proposed 5-foot-high wrought iron fence with sliding gates, landscape improvements (including the installation of the required number street trees along Mission Drive and a minimum of eight (8) screen trees behind the existing western building), and trash enclosure,as proposed within the site plan date stamped by the City on May 14,2021,shall be installed prior to the issuance of a zoning certificate. 10. All trees shall be preserved, unless otherwise determined by the City Council upon recommendation by the Design Review Board. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan that denotes the location, species, and health of the tree as provided by a certified arborist. If any trees are planned for removal, a tree removal and replacement plan demonstrating trees that are to be removed and how they are to be mitigated shall be submitted to the city for approval prior to the issuance of a zoning certificate. If any trees are damaged during construction,they shall be replaced pursuant to Eagle City Code section 8-2A-7(C). 11. All existing landscaping (shrubs, groundcovers, and grass) shall be protected and retained during construction. Any plant material damaged during construction shall be replaced with like in kind material unless otherwise required by Eagle City Code Section 8-2A-7(C)(2) prior to issuance of a certificate of completion. 12. There is approximately three hundred and thirty-feet(330') of applicable frontage along East Mission Drive(which excludes the two(2)driveway openings and the area of land that already includes existing trees)that requires ten (10)trees and ninety-five (95) shrubs to be included along the frontage of the property adjacent to East Mission Drive. Eagle City Code Sections 8-2A-7(M)(2)and 8-2A-7(L)(1)(a) require one (1) street tree and ten (10) shrubs per 35-feet of frontage. The applicant shall submit a revised improvement plan that complies with the landscape requirements of Eagle City Code Sections 8-2A-7(M)(2)and 8-2A-7(L)(1)(a)prior to the issuance of a zoning certificate. 13. Eagle City Code section 8-2A-7(K)(4) requires interior landscape parking lot improvements. The applicant shall submit a revised site improvement plan/ landscape plan that incorporates the required improvements for design review approval prior to the issuance of a zoning certificate. 14. The applicant shall submit a revised site plan that delineates the exact location of the proposed trash enclosure, the orientation in which the gates will open, and how it will be screened from view from East Mission Drive,pursuant to Eagle City Code section 8-2A-6(A)(2),prior to the issuance of a zoning certificate. 15. The applicant has submitted a waiver requesting an exception from the requirement to bring all existing buildings to current City of Eagle design review requirements as stated within Eagle City Code section 8-2A-7 and the Eagle Architecture and Site Design Book,stating that these requirements pass an undue hardship onto the new owner. This waiver is hereby granted. zeningeertifisate7 17. The applicant has submitted a waiver requesting an exception from the requirement to provide landscape drawings that have been prepared and stamped by a licensed landscape architect, as is Page 15 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf.docx required within Eagle City Code section 8-2A-7.The waiver of the requirement that detailed landscape drawings prepared by and stamped by a licensed landscape architect be submitted is hereby granted thus allowing diagrammatic-level plans to be submitted instead. However,the applicant shall submit a revised site improvement plan that specifies the proposed landscape materials including species, container size, and location pursuant to Eagle City Code Section 8-2A-7. ape architect that comply with the requirements of Eagle City Code 19. The applicant is permitted a one (1)year time period in which to bring the subject property into compliance with the requirements and conditions of approval set forth by the Ada County Highway District,pursuant to their report(dated February 03,2021).If the subject property is not in conformance with said requirements within one(1)year from the issuance of the zoning certificate granted upon the approval of this conditional use permit(CU-07-20),the conditional use permit will be revoked. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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 and 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. Page 16 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf docx 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 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant. The applicant shall pay applicable street light inspection fees prior to issuance of any 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: Page 17 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf.docx 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 be 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 issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. 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 arty 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 of this approval shall be valid unless they are in writing and Page 18 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20Innovate Academy pzfdocc 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. 27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the event there is a new owner of the property,the new owner(s)shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide written acknowledgment to the City accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of the proposed conditional use(CU- 07-20)in terms of Eagle City Code Section 8-7-3-2,"General Standards For Conditional Uses"and has concluded that the proposed conditional uses: A. Will, in fact,constitute a conditional use as established in Eagle City Code Section 8-2-3 since a private school may be permitted within the R-4 zoning district with the approval of a conditional use permit; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), (as shown within the findings provided within this document), with the conditions provided within this document; C. Will be 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 because the site is already constructed and minimal improvements or revisions to the site are proposed to occur; 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, 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 bear all costs of development and maintenance; 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 transportation system has been found to be adequate by the ACHD and since the development is not expected to generate any noise, smoke,fumes,glare or odors; Page 19 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf.docx H. Will retain the two(2)vehicular approaches to the property that already exist and do not create an interference with traffic on surrounding public thoroughfares as previously approved by the ACHD; and I. Will not result in the destruction,loss or damage of a natural,scenic or historic feature of major importance. 2. Failure to comply with all provisions and any condition of approval of this conditional use permit may result in a compliance hearing in front of the City Council at which time the Council may add conditions to the permit,modify existing permit conditions,or revoke all or part of the permit. 3. 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. 4. The applicant shall be granted a one (1) year period from the time of the issuance of the zoning certificate to complete all site improvements either as proposed by the applicant or as required pursuant to the Site Specific Conditions of Approval and the Standard Conditions of Approval listed herein. Items included within the one(1)year period are the following: Site Specific Conditions of Approval: #6—Undergrounding Utilities #9—Fence and Trash Enclosure #10—Protect all trees. The hammerhead will require that 1-2 trees be removed. #13—Parking Lot Landscaping(Eagle City Code 8-2A-7(e)and Eagle City Code 8-2A-7(k)) Standard Conditions of Approval: #s 2,4,5,6,7,8,9, 10, 11, 13, 20 If the subject property is not in conformance with said requirements within one (1) year from the issuance of the zoning certificate granted upon the approval of this conditional use permit(CU-07-20), the issued conditional use permit will be revoked. DATED this 6th day of July, 2021. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho Trent Wright,Chairman ATT ST: '••••,,,,,,,,,,,,,, .• � OFE racy .Osbo gle ity Clerk ctti SEAL * ol ,�•''9 •OF ID ,, Page 20 of 20 K:\Planning Dept\Eagle Applications\CU\2020\CU-07-20 Innovate Academy pzf.docx