Findings - PZ - 2024 - CUP-2024-03 - 1275 E Winding Creek Dr - Conditional Use Permit for a Private School and Playground BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A PRIVATE SCHOOL AND PLAYGROUND )
FOR ASHLEY MEYER WITH FREEDOM )
ACADEMY,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2024-03
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on June 17, 2024, 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:
Ashley Meyer with Freedom Academy is requesting conditional use permit approval to operate a
private school and playground. The 1.61-acre site is located on the south side of East Winding
Creek Drive approximately 68-feet west of Academy Avenue at 1173 and 1275 East Winding
Creek Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 1250 East Iron Eagle Drive at 6:00 PM,on March 1, 2024,
in compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on April 11,2024.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on April 19, 2024, 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 May 31, 2024.Notice of this public hearing
was mailed to property owners in accordance with the requirements of Title 67,Chapter 65,Idaho
Code and the Eagle City Code on May 31, 2024. The site was posted in accordance with the
Eagle City Code on June 7,2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 7, 2004, the Eagle City Council approved the combined preliminary/final plat
application for Hill Creek Business Park Subdivision(PP/FP-3-04).
On February 8, 2005, the Eagle City Council approved the application for the common area
landscaping within Hill Creek Business Park Subdivision(DR-131-04).
On December 15, 2005,the applicant recorded the final plat with Ada County as Winding Creek
East Subdivision.
On February 21, 2006, the Eagle City Council approved a design review application for a multi-
tenant building within Winding Creek East Subdivision(DR-113-05)
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E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown C-2(General Business Multi-tenant office building
District)
Proposed No Change No Change Private school and
playground
North of site Downtown MU-P(Mixed Use—Planned Multifamily Residential
Unit Development) (Sooner Condominiums)
C-2(General Business Chiropractic office,medical
South of site Downtown office, and multi-tenant
District) commercial building
East of site Downtown C-2(General Business Vacant lot within Winding
District) Creek East Subdivision
West of site Downtown C-2(General Business Restaurant
District)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No
EXISTING SITE CHARACTERISTICS:
The overall site contains two (2)parcels which consist of a total of 1.61-acres. The 0.92-acre site
contains an existing 10,085-square foot multi-tenant office building, and the 0.69-acre site is a
vacant lot. There is also an existing paved parking lot which borders the east, west, and south
sides of the site.
J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.61-acres 1,300-sq.ft(minimum)
Percentage of Site Devoted to Building Coverage 14%(of 1.61-acres) 92%(maximum)
Percentage of Site Devoted to Landscaping 43%(of 1.61-acres) 10%(minimum)
Number of Parking Spaces 49-spaces 17-spaces(minimum)
Front Setback 18-feet(north) 0-feet(minimum)
Rear Setback 50-feet(south) 0-feet(minimum)
Side Setback 4.5-feet(east) 0-feet(minimum)
Side Setback 35-feet(west) 0-feet(minimum)
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K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One existing building to be used as a private school
Height and Number of Stories of Proposed Buildings: Single story,22-feet 6-inches in height
Gross Floor Area of Proposed Buildings: 10,085-square feet
On and Off-Site Circulation:
As indicated in the applicant's proposed traffic circulation plan, the school will operate 9:00 a.m.
through 3:30 p.m., Mondays— Thursdays. Parents will drop off students between 8:30 a.m. and
9:00 a.m. and pick up students between 3:00 p.m. and 3:30 p.m. Most families have multiple
children registered at the school, allowing for reduced traffic flow. Freedom Academy, LLC will
require parents to enter the parking lot through the driveway at the northeast corner of Academy
Avenue and wrap around the existing building to drop off students at the front(located on the east
side of the building).Vehicles will exit out of the northcentral driveway onto Academy Avenue.
L. PARKING ANALYSIS:
Total for Tenant Area(based on elementary and junior high school&high school uses)
Total:49—on-site parking spaces(Existing)
Total classrooms proposed: 6 classrooms
Total auditorium seats proposed: No auditorium is proposed
Total high school students proposed: 10 high school students
Land Use Parking Requirements per Total Required Total Proposed
Eagle City Code Section 8-4-5
2 spaces per classroom, 6 proposed 12-parking 49-parking
Elementary and
Middle School plus 1 space per 5 classrooms spaces spaces
auditorium seats
As required per 10 high school 4.1-parking 49-parking
High School conditional use permit students spaces spaces
(.41 per high school
student)
Totals 17-parking 49-parking
spaces spaces
• Eagle City Code Section 8-4-5 requires 2 spaces for each classroom and 1 space for every 5
seats in the auditoriums or assembly halls for elementary and middle school uses.
• Eagle City Code Section 8-4-5 requires parking provisions for high school uses to be specified
according to the conditions outlined in the conditional use permit.According to the Institute of
Transportation Engineers (ITE) Parking Generation Manual, 0.41-parking spaces per student
are recommended for a high school.
M. PUBLIC SERVICES AVAILABLE:
The site is served by Veolia Water, Eagle Sewer District, and the Eagle Fire Department. All
public services were approved with the development of Winding Creek East Subdivision.
N. PUBLIC USES PROPOSED:None
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—Yes;no trees are proposed to be removed with this application
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
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
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Historical Preservation Committee
Eagle Sewer District
Idaho Transportation Department
S. LETTERS FROM THE PUBLIC:None received to date
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;
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G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic,noise, smoke,fumes,glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares;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 AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The site is designated as Downtown on the Comprehensive Plan Land Use Map.
Chapter 6—Land Use
6.3.12 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,
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.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2 defines Private School as:
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 8-2-1 —C-2 General Business District:
To permit the establishment of areas for commercial uses allowed in other commercial zones
and commercial uses which are more intensive than those permitted in other commercial
zones.Uses that complement rather than compete with the uses allowed with the CBD zoning
district shall be encouraged.
• Eagle City Code Section 8-2-3 states, in part, that a Private School located within a C-2
zoning district requires the approval of a conditional use permit.
• Eagle City Code Section 8-4-5 Schedule of Parking Requirements:
In accordance with subsection 8-4-1(A)of this chapter,parking spaces for other permitted or
conditional uses not listed herein shall be determined by the administrator.Among the factors
for determining the number of spaces to be required for a use not listed herein, the
administrator shall compare the proposed use with a use which has similar traffic generating
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characteristics as outlines in the most recent version of the institute of transportation
engineers trip generation manual.
Elementary and junior high schools 2 for each classroom and 1 for every 5
seats in the auditoriums or assembly halls
High Schools As required with conditional use permit
• Eagle City Code, Section 8-7-3-2 General Standards for Conditional Use:
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.
• Eagle City Code, Section 8-7-3-5 Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including,but not limited to,those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services;and
7. Requiring more restrictive standards than those generally required in this title.
E. Transfer of Permit: A conditional use permit is not transferable from one parcel of land to
another. Conditional use permits are an entitlement to the specific property on which the
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approval was granted and upon any transfer of title for the property the conditional use
permit transfers to the new owner(s) without further application or approval, provided,
however,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
acknowledgement 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.
• Eagle City Code, Section 4-9-1 Loud Amplification Devices;Noise Ordinance
It is determined that sound can and does constitute a hazard to the health, safety,welfare, and
quality of life of residents of the city. The mayor and council,by way of Idaho Code section
50-308,are empowered to impose reasonable limitations and regulations upon the production
of sound to reduce the harmful effects thereof.Now,therefore,it is hereafter the policy of this
city to prevent and regulate sound generated by loud amplification devices wherever it is
deemed to be harmful to the health, safety, welfare, or quality of life of the citizens of the
city,and this chapter shall be liberally continued to effectuate that purpose.
DISCUSSION:
• The applicant is requesting conditional use permit approval to operate a private school within the C-2
(General Business District) zoning district. The existing building previously received design review
approval for an office (business and professional)use(DR-113-05). The applicant should be required
to submit a design review modification application for the change of use of the building from an
office to a private school. The design review modification application should be reviewed and
approved by staff prior to the issuance of a primary zoning certificate for the operation of the school
(ECC-8-7-2 [A]).
• The applicant indicated in email correspondence with staff, dated April 19, 2024, that they plan to
install a fence around the playground lot and install grass or turf and playground material to be placed
under non-permanent play structures. Any changes to the building or site (i.e., additions, signage,
exterior paint colors, additional fencing, etc.)require the submittal of a design review application that
includes elevations and/or site plans detailing the proposed changes. The design review application
should be reviewed and approved by staff prior to the issuance of a secondary zoning certificate for
the playground lot(ECC-8-2A-17).
• The applicant indicated in email correspondence with staff, dated April 26, 2024, that they are
proposing a maximum of 90 minutes of outside activity per day. Since this site is located in proximity
to existing multi-family residential units, outdoor activities (i.e., recess) should be limited to a
maximum of 90 minutes a day and should occur between the hours of 8:30 a.m. and 3:30 p.m.
• The traffic pattern exhibit (Exhibit A, attached hereto), date stamped by the City on May 29, 2024,
indicates the proposed days of the week, times, and traffic pattern for student pick-up and drop-off.
The applicant should be required to implement a monitoring policy to ensure compliance with the
proposed schedule and traffic pattern for student pick-up and drop-off. This may include, but is not
limited to, the use of staff to direct traffic, supervise pick-up and drop-off, and facilitate other traffic
control measures.
All vehicles should be required to follow the designated traffic flow,as indicated in the traffic pattern
exhibit,for student pick-up and drop-off.
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• The applicant has indicated that the hours of operation for the school will be 8:30 a.m. — 3:30 p.m.,
Mondays through Thursdays. No schoolwide operations (not including events) should occur outside
of these specified hours. Maintenance and administrative tasks should be permitted outside of the
specified hours, provided that these activities do not involve students and do not create noise in
violation of the Eagle City Code noise ordinance (Section 4-9-1), traffic, or disruption to the
surrounding community.
• The applicant has indicated that they anticipate hosting two school sanctioned events per year for
students and parents (i.e., a Christmas showcase and small business fair). The school should be
limited to a maximum of two school sanctioned events per calendar year. Each event should be
permitted between the hours of 10:00 a.m. and 9:00 p.m. and should be limited to a single day.
Adequate noise mitigation for events should be implemented to minimize disruption to surrounding
properties. This includes, but is not limited to, limiting the use of amplified sound and monitoring
noise levels to ensure compliance with the City's noise ordinances.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June
17, 2024, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one individual (not including the applicant/representative) who emphasized the applicant's
meticulous communication with parents and strict enforcement of traffic rules at their current location
on Idaho Street.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by one individual who expressed concern regarding potential negative impacts to the
other tenants within Winding Creek East Subdivision if a parking agreement is not established and
enforced.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony received. A summary of the deliberation can be found at the following link
(Granicus time: 01:07:18):
https://eagle-id.granicus.com/planer/clip/1890?rneta_id=96206
COMMISSION DECISION:
The Commission voted 4 to 0 to recommend approval of CUP-2024-03 for a conditional use permit to
operate a private school and playground with the following site specific conditions of approval and
standard conditions of approval, with strikethrough text to be removed and underline text to be added by
the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A private school with a maximum of one hundred and twenty(120)students is the only approved use
with this conditional use permit(ECC-8-2-3).
2. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project prior to the issuance of a zoning certificate or upon receipt of an invoice by the
City,whichever occurs first.
3. The applicant shall obtain a primary zoning certificate prior to operating the private school(ECC-8-7-
2[A]).
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4. The applicant shall obtain a secondary zoning certificate prior to operating or utilizing the playground
(ECC-8-7-2[A]).
5. The applicant shall be required to submit a design review modification application for the change of
use of the building from an office to a private school. The design review modification application
shall be reviewed and approved by staff prior to the issuance of a primary zoning certificate for the
operation of the school(ECC-8-7-2 [A]).
6. Any changes to the building or site (i.e., additions, signage, exterior paint colors, additional fencing,
etc.) require the submittal of a design review application that includes elevations and/or site plans
detailing the proposed changes. The design review application shall be reviewed and approved by
staff prior to the issuance of a secondary zoning certificate for the playground lot(ECC-8-2A-17).
7. Outdoor activities (i.e., recess) shall be limited to a maximum of 90 minutes a day and shall occur
between the hours of 8:30 a.m. and 3:30 p.m. 5:00 p.m.
8. The applicant shall be required to implement a monitoring policy to ensure compliance with the
proposed schedule and traffic pattern for student pick-up and drop-off. This may include, but is not
limited to, the use of staff to direct traffic, supervise pick-up and drop-off, and facilitate other traffic
control measures.
All vehicles shall be required to follow the designated traffic flow, as indicated in the traffic pattern
exhibit(Exhibit A,attached hereto),for student pick-up and drop-off.
9. The hours of operation for the school shall be limited to Monday through Thursday, 8:30 a.m. —3:34
5:00 p.m. After school activities (i.e., extracurricular activities) shall be permitted until 9:00 p.m.
Maintenance and administrative tasks may be permitted outside of the specified hours, provided that
these activities do not involve students and do not create noise in violation of the Eagle City Code
noise ordinance(Section 4-9-1),traffic,or disruption to the surrounding community.
10. The school shall be limited to a maximum of have five school sanctioned events (i.e., a Christmas
showcase and small business fair)per calendar year. Each event shall be permitted between the hours
of 10:00 a.m.and 9:00 p.m. and shall be limited to a single day.
11. Adequate noise mitigation for all events shall be implemented to minimize disruption to surrounding
properties. This includes, but is not limited to, limiting the use of amplified sound and monitoring
noise levels to ensure compliance with the City's noise ordinance(ECC 4-9-1).
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 shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
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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 surety 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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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 Engineer prior to
the City Engineer signing the final plat.
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, or
drain, used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, drainage district, drainage entity or
other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage 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, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
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The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds,and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square-feet, and
1,500 gallons per minute for non-residential uses (i.e., Commercial, Industrial, Schools, etc.).
Flow rates shall 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 Parks and Pathways Development Commission for
a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission 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 staff and
the City Engineer 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 floodplain (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 floodplain 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
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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 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-2024-03) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional
Uses"and has concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title
(Eagle City Code Title 8) since a private school may be permitted in the C-2 (General
Business District)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)
since there are no inconsistencies with the Comprehensive Plan and since a private school
is permitted with the approval of a conditional use permit within the C-2 (General
Business District)zoning district;
C. Will be designed, constructed, operated, and maintained to be harmonious with and
appropriate in appearance with the existing or intended character of the general vicinity
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and that such use will not change the essential character of the same area since the
applicant is not proposing to change the exterior of the existing building. The building
design was approved by the Eagle Design Review Board in 2006(DR-113-05);
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
applicant is limiting outdoor activities to a maximum of 90 minutes a day. Furthermore,
outdoor activities will be limited to the hours of 9:00 a.m. and 5:00 p.m., Monday
through Thursday;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection,drainage structures,refuse disposal,water, 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 since the site is already developed and
served by Eagle Sewer District,Eagle Fire Department,and Veolia Water;
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
infrastructure is already in place to serve the proposed private school;
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. Noise
mitigation is proposed through the limitation of outdoor activities to a maximum of 90
minutes per day. Traffic impacts will be limited to the morning and afternoon drop-
off/pick-up times;
H. Will have vehicular approaches to the property which are designed so as not to create an
interference with traffic on surrounding public thoroughfares as approved by ACHD.
Furthermore, drop-off times will be limited to 9:00 a.m. through 9:30 a.m. and pick-up
times will be limited to 3:00 p.m.through 3:30 p.m., Monday through Thursday;
I. Will not result in the destruction,loss of damage of a natural,scenic,or historic feature of
major importance since there are no scenic of historic features of major importance on the
site,other than mature trees.No trees are proposed to be removed with this application.
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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DATED this 1st day of July,2024.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
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Trent Wright,Chairmz.......72
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r .••(,ORPOk •`ems •,
Trac . Osborn,Eagle City Clerk ` ; its+L ?
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