Findings - CC - 2021 - CU -07-20 - Innovate Academy BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action
on July 27, 2021, at which time public testimony was taken and the public hearing was closed. The Eagle
City Council having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
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. A revised site improvement plan was presented before City Council by the
applicant on July 27, 2021. A record copy of the revised site plan was received and date stamped
by the City on August 3, 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
City Council 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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on July 9,2021.
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 July 9, 2021. The site was posted in
accordance with the Eagle City Code on July 19, 2021.
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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 1st 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 1st 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
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.
I. EXISTING SITE CHARACTERISTICS:
The site has multiple buildings and parking areas constructed on site with mature trees located
around the perimeter of the property.
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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 9-feet 9-inches
(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 and one(1)new modular classroom
facility for a school.
Height and Number of Stories of Proposed and Existing Buildings:
The two(2)existing buildings and one(1)proposed modular building are single story and less than
35-feet in height.
Gross Floor Area of Proposed and Existing Buildings:
•
Proposed Modular Classroom = 1,776-square feet
Existing Western structure = 2,652-square feet
Existing Eastern structure = 1,236-square feet
Total = 5,664-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.
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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.
L. PARKING ANALYSIS:
Total number of Classrooms:
Three(3)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
Eagle Fire Department(received by the City on July 27, 2021)
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).
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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;
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 CITY COUNCIL 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
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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.
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.
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• 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.
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:
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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
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:
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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
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.
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(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').
(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.
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• 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.
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:
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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
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.
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• 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
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.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the City Council approves 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 REARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning& 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.
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 staff recommended site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document,dated July 6, 2021.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 27, 2021, 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 the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by eleven(11)individuals
(not including the applicant's representative).They were in favor of the proposed conditional use permit
for the following reasons:
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• The school equips students with important life skills such as effectual reasoning and financial
awareness. The school builds community within and works diligently to promote community
service within the City.
• The school provides parents and students an alternate option to traditional schools and as a result
assists in lowering the demands on other local schools.
• The reduced classroom sizes compared to local public schools is beneficial to the students.
D. Oral testimony neither in favor of or in opposition to the application was presented to the City Council
by one(1)individual who indicated the following:
• With the proposed continued use and proposed expanded use of the property as a school site there
are concerns regarding increased traffic in the area.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-07-20 for a private school for Innovate Academy, 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 and strikethrough text to be
deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A school(private)facility is the only use approved with this conditional use permit.
2 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
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
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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.
16. [Removed]
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
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.
18. [Removed]
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.
20. The applicant shall remove the portable classroom (and its appurtenances) from the subject property
within sixty (60) days of the relocation of the school and its operations from the subject property to
another site, upon the City's revocation of the approved conditional use permit following the
completion of the one (1)year period as stated within Conclusion of Law#4, or upon a change of use
or ownership of the land,whichever occurs first.
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21. The applicant shall obtain approval from the Eagle Fire Department for the proposed perimeter fence
at the terminus of North 1st Street prior to its installation. Approval shall reflect the applicant's plans
for the proposed improvement along with timing of construction and operational use of the required
hammerhead and means for emergency vehicle access onto the subject property from North 1st Street.
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. ,
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
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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:
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.
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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 any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions,will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
is sought.
24. No change in the terms and conditions 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.
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 City Council approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
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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;
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.
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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:
Numbers: 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 10th day of August,2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J(i'erce, Mayor
ATTEST: " 0 �....C< •'•.
Tracy . Osborn, Eagle City Clerk *R S�NA,. O
#• '4T ��.
O' Q,
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