Minutes - 2024 - Planning & Zoning Commission - 06/17/2024 - RegularPLANNING AND ZONING COMMISSION MEETING
MINUTES
The Planning and Zoning Commission met in regular session on June 17, 2024.
1. CALL TO ORDER: Chairman Wright calls the meeting to order at 6:00.
1. ROLL CALL: WRIGHT, GUERBER, MCCAULEY, MCLAUGHLIN, SMITH. A quorum is
present.
2. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS.
Consent Agenda items are considered to be routine and are acted on with one motion. There will be
no separate discussion on these items unless the Chairman, a Commissioner, member of City Staff,
or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed
from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the
Rules of Order. Any item on the Consent Agenda that contains written recommendations from the
City of Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of May 20, 2024. (ELL)
B. Minutes of June 3, 2024. (CSH)
C. Findings of Fact and Conclusions of Law for the Approval of A-06-23/RZ-12-23/CU-12-
23/PPUD-04-23/PP-08-23 — Annexation, Rezone, Conditional Use Permit, Preliminary
Development Plan and Preliminary Plat for Wildernest River Subdivision — Toby and
Linda Williamson: Toby and Linda Williamson, represented by Stephanie Hopkins with KM
Engineering, LLP, are requesting an annexation, rezone from RP (Rural Preservation — Ada
County designation) to R-2-DA-P (Residential with a development agreement — PUD)
conditional use permit, preliminary development plan, and preliminary plat approvals for
Wildernest River Subdivision, a 119-lot (108-buildable, 11-common) planned unit
development. The 88-acre site is located at the terminus of South Isla Del Rio Way, South
Lago Way, and South Riparian Way at 850 and 856 East Williamson Lane. (MJW)
McLaughlin moves to approve the consent agenda. Seconded by Guerber.
ALL AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: None.
5. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS:
• Public Hearings are legally noticed hearings required by state law. The public may provide
formal testimony regarding the application or issue before the City Council. This testimony
will become part of the hearing record for that application or matter.
• Public hearing testimony time limit: Individuals testifying are allotted three (3)
minutes for non -repetitive testimony.
• Disclosure of ex parte and/or conflict of interest.
A.
CUP-2024-03 — Conditional Use Permit for Freedom Academy — Ashley Meyer,
Freedom Academy, LLC: 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. (HSD)
on the south side of East Winding Creek Drive approximately 68-feet west of Academy
Avenue at 1173 and 1275 East Winding Creek Drive. (HSD)
Ashley Meyer provides an overview of the application and responds to questions from the
Board.
City planner, Hailey Durham provides an overview of the application and responds to
questions from the Board.
Teny Perkins, Perkins Law, representing Bacquet's Restaurant has traffic concerns and
requesting a parking/traffic agreement between Bacquet's Restaurant and Freedom Academy.
Becky 6967 E. Cloverhill Court, Eagle is against a parking agreement.
Ashley Meyer responds to concerns regarding the traffic pattern.
Public hearing closed. Discussion among the commissioners.
City attorney, Victor Villegas responds to questions from the commissioners.
McLauhling moves to approve CUP-2024-03 — Conditional Use Permit for Freedom
Academy — Ashley Meyer, Freedom Academy, LLC recommendation with the
standard site conditions with the following conditions.
Changing the maximum events to five.
Guerber seconds the motion.
Amended motion and seconded.
Site specific conditions on page three and standard conditions on page 11.
All AYES, Motion passes.
6. NEW BUSINESS: None.
7. REPORTS:
A. Commission Reports: None.
B. City Attorney Reports: None.
C. Staff Reports:
8. ADJOURNMENT
Hearing no further business, the meeting adjourned at 7:31.
SUBMITTED:
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CHARLOTTE HUBINGER
CLERK OF THE MEETING
TRENT WRIGHT,
CHAIRMAN
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CONDITIONAL USE PERMIT
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Tonight we will cover:
• Who We Are & Our Mission
• How We'll Benefit the Complex &
Surrounding Community
• Operating Hours & Planned Events
• Overall Traffic Impact & Flow of Traffic
• Parking Management &
Enforcement -Agreement
• What do the CC&Rs for the
Complex Say?
FREEDOM
WHO WE ARE
• Parents of young children
• Lawyers & Entreprenuers
• Former Professional Organizer &
Efficiency Consultant
• Local Business Owners - Law Firm &
School
• Dedicated to Our Community
• Value Relationships & Relational
/ Economy
v• High Priority Placed on Reputation
'trust in the Lord with au your rerun.
•
FREEDOM
Our mission is to support
each child and parent
who enters our doors to
embrace a Hero's Journey
and their identity in
Christ, so they can find
their God-given calling
and become the world- -----
changers God created
them to be.
FREEDOM
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Our Core Learning Values:
• Whole -Child Focus
• Biblical & Spirit Centered
• Critical Thinking Focused
• Applied Academics
• Community Service Driven
• Ownership, Accountability & Leadership
• Individual Giftedness
• Interpersonal Communication
• Learning Mastery
• Growth Mindset
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How Freedom Academy WILL Benefit the Community?
• We will promote the surrounding businesses to our
families
• We will clean up and bring fresh energy to an otherwise
"dead zone" in the complex that has sat vacant for years
since Covid began in 2019
• The complex is occupied by businesses whose target
market is families and higher incomes:
Family Chiropractor
Virtual Reality Game Shop
3 Restaurants - all family friendly
Wealth Management Advisor
Bank
Barbershop
Fitness Center
And more!
• Higher visibility due to our school days, means more
exposure for local businesses to their target market
EXPANDING, WE CAN SERVE MORE
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10,000+ Square Feet
Outdoor Playspace
OPERATING HOURS & EVENTS
• School Hours are Monday through Thursday, 9am - 3pm
Drop -Off is broken into two groups, 8:30-8:45am & 8:45-9am
Pick -Up is broken into two groups, 3-3:15pm & 3:15-3:30pm
• We will have 10 staff cars that will remain in the parking lot
during school hours
• We only have two planned events for the school year
A student -produced Christmas performance
A kids business fair
• We do not operate on Fridays, other than occasional staff
meetings and we do not have weekend hours
• Summer camps are small in size and only take place during our
normal school operating hours
OVERALL TRAFFIC IMPACT & FLOW
• Our School is only growing by a nominal
number of cars since last year
• ITD has waived any traffic study needs as our
traffic impact is too low - too few cars
• Parents are well versed and well -trained to
follow traffic patterns as we've been on a dead
end street for 2 years with no turnaround
• Traffic will follow the pattern in the CUP
Application and as shown here
• Drop off and pick up times are broken up to
mitigate traffic flow
• A separate parking agreement will be drafted
and approved by the complex to ensure
compliance and good will amongst neighbors
• Our business being a school we generate
significantly less traffic and parking congestion
than a typical business occupying a building
this large and the lot space as well - we do not %
have countless cars coming and going all dayY
ENFORCEMENT OF TRAFFIC & PARKING
• Parents will sign the traffic flow pattern and
parking expectations before school starts
• All new parents will sign upon enrollment of
their children
• We will have several orange -vested parking
attendants directing traffic as well as A -frame
signage out for the first month of school to
enforce the traffic flow and parking
expectations, as well as create a rythm
• Staff will park in the parking spots dedicated to
our building once the CC&Ps are amended
giving "building parking" assignments
• We do not have "all day" traffic, rather small
windows where cars come and go
• We ask that if there is ever a "parking or traffic
issue," that we are immediately made aware of
it so that we can remedy the situation swiftly.
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DETAILS IN THE CC&RS FOR THE
BUILDING ASSOCIATION & PRESIDENT'S NOTE
• All parking spaces are defined as Common Area in the commercial
subdivision, and are shared non -exclusively by all 9 owners and their tenants
• During the complex's owners association annual meeting on 2/22/24, the
owners unanimously agreed to modify the CC&Rs to allow building owners to
dedicate the parking spots in front of their building for the exclusive use of
their tenants (such as Bacquet's).
• Our building owner is the president of the OA, and they expect to have a draft
of the modified CC&Rs out by the end of the summer. We will draft a parking
agreement and traffic pattern plan for our building owner to distribute to all
of the owners and their tenants, ensuring we comply with CC&Ps, as well as
create a positive neighbor relationship with surrounding businesses and
residents.
• During our building owner's individual calls with each building owner (or
their management firm), all unanimously support having Freedom Academy
in the commercial subdivision.
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FREEDOM
ACADEMY
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WE LOOK FORWARD TO GROWING TO
BE AN EVEN GREATER SERVICE TO
THE COMMUNITY.
6/19/2024
FREEDOM ACADEMY, LLC
CONDITIONAL USE PERMIT— PRIVATE SCHOOL AND PLAYGROUND
Eagle Planning & Zoning Public Hearing
June 17, 2024
CUP-2024-02
City Staff: Halley Durham, CFM
Phone: 208-939-0227
E-Mail:
1
Project Summary:
The applicant, Ashley Meyer with Freedom Academy, LLC is requesting:
• Conditional Use Permit approval to operate a private school and
playground.
• The site is located on the south side of East Winding Creek Drive at
1173 and 1275 East Winding Creek Drive.
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6/19/2024
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6/19/2024
Site Map:
The site contains two (2) parcels
Total of 1.61-acres
School Building
Existing 10,085-square foot
multi -tenant office building
Playground Lot --/
0.69-acre vacant lot
5
Zoning Designation
Winding Creek East Subdivision
Zone C-2: General Business District
Land Uses
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6/19/2024
Comprehensive Plan Designation
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.
7
Items for Discussion:
• Hours of Operation
• Proposed Traffic Pattern & Monitoring Policy
• School Sanctioned Events
• Change of Use Application & Primary Zoning Certifcate
• Playground Design & Secondary Zoning Certificate
8
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6/19/2024
Items for Discussion:
• Hours of Operation,
• Proposed Traffic Pattern & Monitoring Policy
• School Sanctioned Events
• Change of Use Application & Primary Zoning Certifcate
• Playground Design & Secondary Zoning Certificate
9
Hours of Operation:
Monday — Thursday 8:30 a.m. — 5:00 p.m.
Friday, Saturday, & Sunday CLOSED
Site Specific Condition of Approval #9:
The hours of operation for the school shall be limited to Monday through
Thursday, 8:30 a.m. — 4g,.0 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
5
6/19/2024
Items for Discussion:
• Hours of Operation
• Proposed Traffic Pattern & Monitoring Policy
• School Sanctioned Events
• Change of Use Application & Primary Zoning Certifcate
• Playground Design & Secondary Zoning Certificate
11
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Pick up and drop off:
Monday — Thursday
8:30 am —9:00 am
3:00 pm — 3:30.pm
12
6
6/19/2024
Traffic Monitoring Policy:
Site Specific Condition of Approval #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 for student pick-up and drop-
off.
13
Items for Discussion:
• Hours of Operation
• Proposed Traffic Pattern & Monitoring Policy
• School Sanctioned Events
• Change of Use Application & Primary Zoning Certifcate
• Playground Design & Secondary Zoning Certificate
14
7
6/19/2024
School Sanctioned Events:
Site Specific Conditions of Approval #10 & 11:
The school shall be limited to a maximum of two 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.
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).
15
Items for Discussion:
• Hours of Operation
• Proposed Traffic Pattern & Monitoring Policy
• School Sanctioned Events
• Change of Use Application & Primary Zoning Certificate
• Playground Design & Secondary Zoning Certificate
16
16
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6/19/2024
Items for Discussion:
• Hours of Operation
• Proposed Traffic Pattern & Monitoring Policy
• School Sanctioned Events
• Change of Use Application & Primary Zoning Certificate
• Playground Design & Secondary Zoning Certificate
17
17
Change of Use Application &
Primary Zoning Certificate:
Site Specific Condition of Approval #5:
The applicant shall be required to submit a
design review modification application for
the change of use of the existing 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.
18
9
6/19/2024
Playground Design &
Secondary Zoning Certificate:
Site Specific Condition of Approval #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.
19
20
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4
10
6/19/2024
Staff Recommendation
Based on the information provided to staff to date, if the
conditional use permit is approved, staff recommends the site
specific conditions of approval on page 3 and the standard
conditions of approval on page 11 of the staff report.
21
End of Presentation
22
11
6/19/2024
On Site Parking:
Required Total [based on "Elementary and Middle School" and "High School" uses:
Elementary and Middle School
2 spaces per classroom, plus 1 space 6 proposed classrooms 12-parking spaces
per 5 auditorium seats
High School
As required per conditional use 10 high school students 4.1-parking spaces
permit (.41 per high school student —
based on the Institute of
Transportation Engineers [ITE]
Parking Generation Manual)
Total Parking Required
Total Proposed Spaces (existing parking)
17-parking spaces
49-parking 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.
23
23
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]).
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 shali 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.
24
24
12
6/19/2024
Site Specific Conditions of Approval:
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. — 3:30 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 two 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).
25
25
Site Specific Conditions of Approval (modified):
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]).
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 338 5:00 p.m.
26
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13
6/19/2024
Site Specific Conditions of Approval (modified):
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. — 3:30 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 two 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).
27
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Freedom Academy — Conditional Use Permit
CUP-2024-03 —Conditional Use Permit for Freedom Academy —Ashley Meyer, Freedom Academy, LLC: 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. (HSD)
NAME (PLEASE PRINT)
ADDRESS
June 17, 2024
TESTIFY (Y/N) PRO/CON
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