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Findings - 2026 - CUP-2026-17 - - A conditional use permit to allow a daycare center in te R-E Zone.BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW A DAYCARE CENTER IN THE R-E (RESIDENTIAL ESTATES) ZONE FOR NEW HORIZON ACADEMY FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CUP-2026-17 The above -entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on August 17, 2026. The application was continued to the meeting on September 14, 2026, 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: New Horizon Academy, represented by Angie Seguin with CASCO, is requesting conditional use permit approval to allow a Daycare Center (childcare facility for thirteen or more children) in the R-E (Residential -Estates) zone, which is proposed to operate within the existing facility (formerly Montessori Academy) at 1400 North Park Lane. The 2.17-acre site is located approximately 365- feet north of the intersection of North Park Lane and West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the subject property at 6:00 PM, on June 22, 2026, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on June 29, 2026. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 2, 2026. 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 31, 2026. The site was posted in accordance with the Eagle City Code on August 7, 2026. Requests for agencies' reviews were transmitted on July 14, 2026, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 12, 2002, the Eagle City Council approved a conditional use permit for the North Star Charter School (CU-08-02). On January 14, 2003, the Eagle City Council approved a design review application for the North Star Charter School building (DR-66-02). On July 11, 2006, the Eagle City Council approved a design review sign application for the North Star Charter School (DR-40-06). On April 14, 2009, the Eagle City Council approved a conditional use permit for the Eagle Montessori Academy (CU-05-08). Page 1 of 11 KAPlanning Dept\Eagle Applications\CU\2026\CUP-2026-17 New Horizon Academy\03-Working Files\02-Planning and Zoning\02-P&Z Packet\New Horizon CUP PZ findings.docx On June 22, 2009, the City approved a design review application for a building wall sign for Montessori Academy (DR-26-09). On October 4, 2018, the Eagle City Council approved a design review application for a building wall sign for Montessori Academy (DR-26-09-MOD1). E. COMPANION APPLICATIONS: There are no companion applications associated with this application. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION LAND USE ExistingSchool, Neighborhood R-E (Residential Estates) Public or Private (Montessori School) Childcare, Daycare Center Proposed No change No change (infants through school - age) North of site Neighborhood g R1 (Residential —Ada County designation) Single -Family Residential South of site Neighborhood R-E (Residential Estates) Church (Ascend Church facility) Single -Family Residential East of site Neighborhood R-E (Residential Estates) (Cavallo Estates Subdivision) West of site Neighborhood R-2-DA (Residential with Single -Family Residential (Farmstead Landing a development agreement) Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: The site is located within the City-wide Design Review Overlay District. H. URBAN RENEWAL AREA: This site is not located within an Eagle Urban Renewal Area. EXISTING SITE CHARACTERISTICS: The site consists of an approximately 14,579-square foot building with fenced playground areas and existing parking adjacent to North Park Lane. The site has one access point from North Park Lane, and there is an existing cross -access easement for a shared access point from the Ascend Church parking lot. Page 2 of 11 KAPlanning DeptTagle Applications\CU\2026\CUP-2026-17 New Horizon Academy\03-Working Files\02-Planning and Zoning\02-P&Z Packet New Horizon CUP PZ findings.docx SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 2.17 acres 1.8 acres (minimum) Percentage of Site Devoted to Building Coverage 19% (approximately) 24% (maximum)* Percentage of Site Devoted to Landscaping 66% (approximately) 10% (minimum) Number of Parking Spaces 33 spaces 33 spaces Front Setback 120-feet 50-feet (minimum) Rear Setback 65-feet 30-feet (minimum) Side Setback (North) 140-feet 20-feet (minimum) Side Setback (South) 35-feet 20-feet (minimum) * Eagle City Code Section 8-2-4(J) states that childcare facilities proposed within the residential - estates district (R-E) shall be permitted an increase of the maximum lot coverage from 15 percent to 24 percent. K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The existing 14,579-square foot building on the property is proposed to be used as a Daycare Center (childcare facility for thirteen or more children) for New Horizon Academy, to care for infants to school -age children. No additional buildings are proposed with this application. On and Off -Site Circulation: The property is accessed by an approximately 30-foot-wide entrance along North Park Lane, and by a shared cross -access drive through the Ascend Church parking lot. L. PARKING ANALYSIS: Gross floor area of the proposed daycare center: 14,579 square feet Childcare — daycare center: 3 parking spaces for each classroom but not less than 9 parking spaces for the building 11 classrooms proposed = 33 parking spaces Total parking spaces required: 33 parking spaces Total parking spaces proposed: 33 parking spaces (19 parking spaces existing, 14 parking spaces proposed including 2 ADA compliant spaces) M. PUBLIC SERVICES AVAILABLE: The site is served by Eagle Fire Department, Eagle Police Department, Veolia Water, and Eagle Sewer District. N. PUBLIC USES PROPOSED: No public uses are proposed. Page 3 of 11 KAPlanning Dept\Eagle Applications\CU\2026\CUP-2026-17 New Horizon Academy\03-Working Files\02-Planning and Zoning\02-P&Z Packet\New Horizon CUP PZ 8ndings.docx O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No future acquisitions map currently exists. P. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern — None known. Evidence of Erosion — None known. Fish Habitat — None known. Floodplain — None known. Mature Trees — None known. Riparian Vegetation — None known. Steep Slopes — None known. Stream/Creek— None known. Unique Animal Life — None known. Unique Plant Life — None known. Unstable Soils — None known. Wildlife Habitat — None known. Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): No review of an environmental assessment plan is required. R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: Ada County Highway District Department of Environmental Quality Eagle Fire District Idaho Transportation Department S. LETTERS FROM THE PUBLIC: No letters from the public have been 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); 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; Page 4 of 11 KAPlanning DeptTagle Applications\CU\2026\CUP-2026-17 New Horizon Academy\03-Working Files\02-Planning and Zoning\02-P&Z Packet\New Horizon CUP PZ 6ndings.docx 1:� 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. U. EAGLE CITY CODE 8-7-3-1 PURPOSE AND INTERPRETATION OF CONDITIONAL USE: C. Exceptions or waivers of standards within Title 8 or 9, other than use, inclusive of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may be permitted through the issuance of a conditional use permit. 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 Comprehensive Plan Land Use Map (adopted May 12, 2026), designates this site as the following: Neighborhood Intended to be single family residential with densities up to 3 units per acre. Village Planning Area The Village Planning Area is designated for the establishment of an employment center at Beacon Light Road that is oriented to the State Highway 16 corridor and the provision of goods and services in the northwest portion of the City, so residents are not required to travel significant distances for basic amenities. The land uses are intended to be flexible to encourage corporate office, light manufacturing, and similar uses into the area and to create a unique destination within the City. The non-residential area along Beacon Light Road will transition into similar sized large lot residential uses as development approaches Homer Road and the Foothills. Neighborhood Residential uses are designated south of Beacon Light to Floating Feather Road. This area is not intended to be master planned but does require great care in planning to ensure that uses are compatible and that the Village Center serves as the activity center of the area and is not taken over by residential uses. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Eagle City Code Section 8-2-3: Schedule of District Use Regulations states, in part, that the operation of a Daycare Center in the R-E (Residential -Estates) zone requires approval of a conditional use permit. • Eagle City Code Section 8-2-4: J. Childcare facilities, churches, nursing/convalescent homes (which include senior assisted living facilities), schools (public or private), which are proposed within an agricultural district (A), agricultural -residential district (A-R), and/or residential -estates district (R-E) shall be permitted an increase of the maximum lot coverage from 10 percent to 24 percent. • 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 Page 5 of 11 KAPlanning Dept\Eagle Applications\CU\2026\CUP-2026-17 New Horizon Academy\03-Working Files\02-Planning and Zoning\02-P&Z PacketNew Horizon CUP PZ findings.docx 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. H. Modification of Permit: A conditional use permit may be modified by the city council after public notice has been provided in accordance with section 8-7-8 of this chapter. C. DISCUSSION: The applicant is seeking approval of a conditional use permit to allow a New Horizon Academy Daycare Center (childcare facility for thirteen or more children) in the R-E (Residential -Estates) zone. The applicant is proposing to occupy the existing 14,579 square foot building previously occupied by a Montessori School facility. If the request is approved, the New Horizon Academy daycare center (childcare facility for thirteen or more children) will be the only approved use with this conditional use permit. There are currently 9 classrooms in the facility and 19 parking spaces. The applicant is proposing to divide two of the existing classrooms into two separate rooms, resulting in 11 total classrooms and 33 parking spaces required in accordance with the requirements of Eagle City Code 8-4-5. Fourteen (14) additional parking spaces are proposed to be installed on the site to meet the required parking count. The applicant should be required to submit a design review application for the proposed modifications to the parking and landscaping on the property to be reviewed and approved by the Design Review Board and City Council. PUBLIC HEARING OF THE COMMISSION: A public hearing on the application was held before the Planning and Zoning Commission on September 14, 2026, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. A. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant). B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. C. No rebuttal was presented by the applicant. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission made a motion based upon the information provided by staff and the applicant. A summary of the deliberation can be found at the following link (Granicus time: 00:08:35): https://eagle-id.-raiiicus.com/" e-1clip/2296?view id=1&redirect=true Page 6 of 11 KAPlanning Dept\Eagle Applications\CU\2026\CUP-2026-17 New Horizon Academy\03-Working Files\02-Planning and Zoning\02-P&Z Packet\New Horizon CUP PZ findings.docx COMMISSION DECISION: The Commission voted 4 to 0 (Smith absent) to recommend approval of CUP-2026-17 for a conditional use permit to allow a daycare center (childcare facility for thirteen or more children) in the R-E (Residential Estates) zone, with the following staff recommended site -specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The New Horizon Academy Daycare Center (childcare facility for thirteen or more children) is the only approved use with this conditional use permit. 2. Comply with all applicable conditions of PP-6-01 (Cavallo Estates Subdivision). 3. Comply with all applicable conditions of DR-66-02. 4. The applicant shall submit a change of use application to the City for the Daycare Center use prior to receiving a zoning certificate for New Horizon Academy. 5. The applicant shall submit a design review application for the proposed modifications to the landscaping and parking on the property to be reviewed and approved by the Design Review Board and City Council. 6. No signs are proposed with this application, and none are approved. A design review application shall be required for any modifications to signage on the property. 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: 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. 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 Page 7 of 1 I KAPlanning DeptTagle Applications\CU\2026\CUP-2026-17 New Horizon Academy\03-Working Files\02-Planning and Zoning\02-P&Z Packet\Nm Horizon CUP PZ findings.docx 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. 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 Page 8of11 KAPlanning DeptTagle Applications\CU\2026\CUP-2026-17 New Horizon Academy\03-Working Files\02-Planning and Zoning\02-P&Z Packet\New Horizon CUP PZ fmdings.docx 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 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 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 Page 9 of 11 KAPlanning Dept\Eagle Applications\CU\2026\CUP-2026-17 New Horizon AcademyW-Working Files\02-Planning and Zoning\02-P&Z Packet\New Horizon CUP PZ findings.docx 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: The Commission reviewed the particular facts and circumstances of the proposed conditional use permit (CUP-2026-17) 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 Eagle City Code Section 8-7-3-1(C), which states exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may be permitted through issuance 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 the facility is located within the Village Planning Area, which is intended to provide goods and services in the northwest portion of the City. No waivers of code are requested with this application and the facility is planned to be operated in accordance with the requirements and design standards of 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. The daycare center will operate from the existing building which has previously been reviewed and approved by the Design Review Board and City Council, and no exterior building modifications are proposed. Modifications to the parking and landscaping are proposed, and the applicant is required to submit a design review application for the review and approval of the modifications, as conditioned herein; D. Will not be hazardous or disturbing to existing or future neighborhood uses. The daycare center use is not intensive and is not expected to create excessive traffic or noise that will disturb nearby residents or other neighborhood uses. Mature landscape buffers border all sides of the property to provide visual separation from surrounding uses and aid in mitigating any potential noise produced by the daycare center; Page 10 of 11 KAPlanning Dept\Eagle Applications\CU\2026\CUP-2026-17 New Horizon AcadenrykW-Working Files\02-Planning and Zoning\02-P&Z Packet\New Horizon CUP PZ findings.docx 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. Public services and facilities are currently available at the site and the change in use will not impact the availability of these 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, since any proposed modifications will be privately funded by the applicant; 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. The daycare center will operate during regular school hours Monday through Friday, and daily operations will primarily take place inside the school building. No excessive traffic is anticipated to be produced, and the applicant is required to construct improvements to the parking interior to the site to ensure there is adequate circulation for pick-up and drop-off times at the facility, as conditioned herein; H. The property has existing access from North Park Lane, which is designed to not create an interference with traffic on surrounding public thoroughfares as approved by the Ada County Highway District; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since none are apparent on -site and the applicant is not proposing the removal of any natural features. 2. Failure to comply with all provisions and any condition of approval of this conditional use permit may result in a compliance hearing in front of the City Council at which time the Council may add conditions to the permit, modify existing permit conditions, or revoke all or part of the permit. 3. Pursuant to Eagle City Code 8-7-3-5(F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DATED this 5th day of October, 2026. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho a �J �7 q Trent Wright, Chairman ATTEST: �.�'�� OF E G1;' �t'ORq�•� Tracy E. O , Eagle City Clerk * S $ ALcs` • O � •••��DRI'ORP�'��� �� T� OF Page 11 of 11 KAPlarming DeptTagle Applications\CU\2026\CUP-2026-17 New Horizon Academy\03-Working Files\02-Planning and Zoning\02-P&Z Packet\New Horizon CUP PZ findings.docx