Findings - CC - 2002 - CU-08-02 - New Charter School Facility For K-8
OR\G\NAl
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR
A CHARTER SCHOOL FACILITY
FOR NORTH STAR CHARTER SCHOOL
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-O8-02
The above-entitled conditional use application came before the Eagle City Council for their action on
October 16, 2002. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
North Star Charter School, represented by Gale Pooley, is requesting conditional use
approval for a new charter school facility for grades kindergarten through eighth
(approximately 270 students). The site is generally located on the east side of Park Lane
approximately 350-feet north of Floating Feather Road (located upon Lot I, Block 1,
within Cavallo Estates Subdivision).
B.
APPLICA nON SUBMITTAL:
The application for this item was received by the City of Eagle on July 18,2002.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on August 19, 2002. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on August 14,2002. Requests for agencies' reviews were transmitted on July 19,
2002 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 23, 2002. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 18,
:2002.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 27,2001, the Eagle City Council approved an annexation and rezone (A-3-
01 & RZ-6-01) from RUT (Ada County designation) to R-E (Residential-Estates) and a
preliminary plat for Cavallo Estates Subdivision.
On April 23, 2002, the Eagle City Council approved an annexation and rezone (A-OI-02
& RZ-OI-02) from RUT (Ada County designation) to R-E (Residential-Estates) for the
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E.
F.
parcel located to the south of this subject parcel.
On July 9, 2002, the Eagle City Council approved a conditional use permit for the
construction of a church facility on the parcel south of this subject site.
COMPANION APPLICATIONS: None
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGN A TION DESIGNATION
Existing Residential Estates (up to R-E (Residential-Estates) Cavallo Estates residential
one dwelling units per subdivision
two acres max.)
Proposed No Change No Change Charter School Facility
North of site Residential Estates (up to R -I (Residential - Ada Residential Subdivision
one dwelling units per County designation)
two acres max.)
South of site Residential Estates (up to R-E (Residential-Estates) proposed church facility
one dwelling units per
two acres max.)
East of site Residential Estates (up to R-E (Residential-Estates) Cavallo Estates Residential
one dwelling units per Subdivision
two acres max.)
West of site Residential Estates (up to RUT (Residential- Ada Park Lane & Pasture
one dwelling units per County designation)
two acres max.)
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, IDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS: The site is vacant with evidence of past agricultural uses
(farming) occurring upon the parcel.
I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQ UIRED
Total Acreage of Site 2.21-acres 1.8-acres (minimum
Percentage of Site Devoted to Building 15% 24% maximum
Coverage
Percentage of Site Devoted to 61% 10% (minimum)
Landscaping
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J.
K.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building is to be used as a charter school facility.
Height and Number of Stories of Proposed Buildings: 20-feet, one story
Gross Floor Area of Proposed Buildings: 14,400-square feet
On and Off-Site Circulation:
An 18,750-square foot (approx.) paved parking lot provides parking for vehicles using this
site. There are two 30-foot driveways that will access this site from Park Lane, located on
the western boundary of this site. The driveways are located approximately 350-feet and
460-feet north of Floating Feather Road (respectively).
PUBLIC SERVICES A V AILABLE:
A letter from the Central District Health Department recommended denial of the school
facility since the subdivision in which the school is proposed was approved for residential
septic systems only. The Eagle Sewer District states that the area is currently not within
the District's boundaries and would need to be annexed and construction drawings
approved before any sewer construction could occur. Preliminary approval letters from
the Eagle Fire Department and United Water have been received by the City.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
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P.
Q.
R.
1.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
United Water
LETTERS FROM THE PUBLIC: None received to date.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
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ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
A.
B.
c.
Chapter 4 - Schools, Public Services and Utilities
4.1
Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
4.3
Goal
a.
Encourage the provision of public utilities, services, and schools.
b.
Support the enhancement of the public educational system with emphasis
on promoting quality school facilities.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Eagle City Code Section 8-2-3 requires City approval of a conditional use permit for a school
facility (public or private) in the R-E (Residential) zoning district.
.
Eagle City Code Section 8-7-3-5 (F) Effect OfIssuance On Other Conditional Uses:
A conditional use permit shall not be considered as establishing a binding
precedent to grant other conditional use permits.
DISCUSSION:
.
The letter from the Central District Health Department date stamped by the City on July 24,
2002, recommends denial of the school facility since the septic systems within Cavallo Estates
Subdivision (of which this site is a part) were approved for residential use only. While the
applicant's narrative states that a septic system designed to meet CDHD's standards is to be
installed, the intent of the applicant is to install a pressure line, as written within the
applicant's conditional use application and noted within the letter from B & A Engineers
(applicant's engineer) date stamped by the City on August 28, 2002. The pressure line is
proposed to be installed from the school site to a sewer trunk line located approximately
3,000-feet to the southeast near the Colony II Subdivision on Floating Feather Road. A letter
from the Eagle Sewer District, date stamped by the City on July 25, 2002, states that the
applicant will need to petition for annexation into the sewer district's boundaries, and
construction drawings approved, prior to any construction occurring. Prior to the issuance of a
building permit for the charter school facility, the site should be annexed into the Eagle Sewer
District's service boundaries and construction drawings submitted (to be reviewed and
approved by the sewer district) showing a pressure line connection from the school site to the
sewer trunk line.
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.
With the approval of the final plat for Cavallo Estates Subdivision, the City Council required
that a minimum 6-foot wide asphalt pathway be constructed as part of the City of Eagle's
transportation / pathway network. Since the pathway was shown to be constructed along the
southern property line of this subject site, the completion of the pathway should be a
requirement of this application.
.
A condition of approval for the Cavallo Estates Subdivision required that a landscaped buffer
area (pursuant to Eagle City Code 8-2A-7 (J) (4) (an be installed on Park Lane abutting this
site. This requirement is for residential subdivisions to protect the development from noisy
roadways abutting the site and for beautification of the roadway corridor. Although the
proposed use for this lot has changed to a non-residential use, the applicant should still be
required to install the required thirty-five foot wide buffer since the site is located within the
subdivision and must follow the conditions of approval of the subdivision. Slight
modifications to the previously approved landscape design of the buffer area for the
subdivision may be considered with regard to access and parking design of the school facility.
.
As noted with the City of Eagle's 2000 Comprehensive Plan, one of the objectives of the City
is to support efforts to ensure that its residents have the opportunity to access educational
facilities, whether public or private. With this goal in mind, the concern to be addressed at this
point is whether this particular site is an appropriate location for a school.
With the July 9, 2002, Eagle City Council approval of a conditional use permit for the
construction of a church facility on the parcel south of this subject site, a school facility may
be considered a compatible use with the church since both uses are similar in character.
Churches and schools tend to have large open spaces for multiple uses such as playgrounds
and ball fields, and site configurations that provide buffers with surrounding uses. Secondly,
the proposed school site is located upon a parcel within the Cavallo Estates Subdivision (Lot
1, Block 1) that does not access the subdivision directly with a roadway connection and is in
essence separated from the subdivision. Traffic would be directed to Park Lane, thereby
alleviating an influx of vehicles through the subdivision. And finally, the placement of
smaller schools within or adjacent to residential communities not only provides easily accessed
locales for education and recreation but may also instill in the community a sense of pride and
purpose in how the neighborhood evolves and functions.
.
Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 since a school facility requires City Council approval of a
conditional use in the R-E zoning district;
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 the school will be required to meet conditions of a design review
application, as well as comply with the conditions of approval for the Cavallo
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c.
D.
Estates Subdivision;
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
since the school structure will be subject to the requirements of a design review
and Eagle City Code;
Will not be hazardous or disturbing to existing or future neighborhood uses since
the school facility is subject to design review and will be required to provide
adequate buffers between the school building and any residential uses surrounding
the site;
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 as required and conditioned herein; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide
adequately any such services as noted in responses received by agencies providing
the public services or as represented by the applicant's engineer.
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 charter school will be required to make improvements to the
site such as a sidewalk on Park Lane as well as provide the funds necessary to
connect to central services including sewer and water;
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 as the school site
will be required to provide approaches to the site that are designed and built to the
specifications of 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 this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends the site specific conditions
of approval and the standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 3, 2002, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
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C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Cadwell absent) to recommend approval for a conditional use
permit for the North Star Charter School facility with the site specific conditions of approval and
standard conditions of approval shown within their Findings of Fact and Conclusions of Law
document, dated September 16, 2002.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 16, 2002, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
with concerns pertaining to traffic and whether the Ada County Highway District had reviewed the
application.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
D. Written testimony in opposition to this proposal was presented to the City Council in the form of a
letter signed by four (4) individuals with concerns regarding the impact of increased traffic, noise and
pollution on the quality of life, and the site being too small to adequately serve educational needs.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-08-02 for a conditional use for the North Star Charter
School facility with the following Planning and Zoning Commission recommended site specific
conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Only the use (charter school facility) is approved with the conditions noted herein. The property
is subject to the conditions of design review.
2.
Comply with all applicable conditions of PP-6-0 1 (Cavallo Estates Subdivision).
3.
The school site shall be annexed into the Eagle Sewer District's boundaries and connected to the
sewer service. Documentation showing annexation into the district shall be provided to the City
prior to the issuance of any building permits for the site.
4.
The 5-foot wide concrete sidewalk and landscaped buffer area on Park Lane abutting the western
property line of this site shall be designed and constructed to be compatible with the approved
buffer area landscaping on Park Lane for the Eagle Family Worship site, located to the south of
this subject parcel. Design Review Board approval of the landscaping is required prior to
issuance of any building permits.
5.
The minimum 6-foot wide asphalt pathway along the southern property line of this parcel shall be
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constructed (as required with the approval of Cavallo Estates Subdivision), prior to the issuance
of a Certificate of Occupancy for the school facility.
6.
No structures on the site have been proposed to exceed 35-feet in height and none are approved
with this application.
7.
All mechanical units proposed for the site shall be screened from view pursuant to Eagle City
Code 8-2A-6 (A) (5) (b). Building elevations showing the proposed screening method shall be
submitted for review and approval by the Design Review Board prior to the issuance of a building
permit.
8.
No signs are proposed with this application. A design review application is required for the
approval of any signs.
9.
The applicant should be encouraged to allow the public use of any playground equipment or ball
fields that the school may provide.
10. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
11. The applicant shall provide a letter from the Meridian School District stating approval of the
petition for the establishment of the charter school, prior to this application being heard by the
City Council.
ST ANDARD CONDITIONS OF APPROVAL:
1.
2.
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.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits.
3.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
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.
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.
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
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7.
submitted with the letter.
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.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits. The lot shall be so graded that all runoff
runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto
another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits.
9.
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.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10.
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.
11.
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.
12.
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
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13.
14.
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. "
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.
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.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit.
15.
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.
16.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building
permit.
17.
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.
18.
Basements in the flood plain are prohibited.
19.
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.
20.
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.
21.
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
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approval of that application prior to commencing any change. 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 submits application to the City of Eagle
for a change to the planned use of the subject property.
22.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council
approval date).
23.
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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 18,2002.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 19, 2002. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on August 14, 2002. Requests for agencies' reviews
were transmitted on July 19,2002 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 23.
2002. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on September 18, 2002.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-08-02) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed conditional use permit
is in accordance with the Eagle City Code because:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 since a school facility requires City Council approval of a
conditional use in the R-E zoning district;
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 the school will be required to meet conditions of a design review
application, as well as comply with the conditions of approval for the Cavallo
Estates Subdivision;
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
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D.
E.
since the school structure will be subject to the requirements of a design review
and Eagle City Code;
Will not be hazardous or disturbing to existing or future neighborhood uses since
the school facility is subject to design review and will be required to provide
adequate buffers between the school building and any residential uses surrounding
the site;
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 as required and conditioned herein; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide
adequately any such services as noted in responses received by agencies providing
the public services or as represented by the applicant's engineer.
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 charter school will be required to make improvements to the
site such as a sidewalk on Park Lane as well as provide the funds necessary to
connect to central services including sewer and water;
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 as the school site
will be required to provide approaches to the site that are designed and built to the
specifications of 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 this site.
4. 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 12th day of November 2002.
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ATTEST:
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'Sharon'K. Moore, Eagle City C erk
Page 13 of 13
K:\Planning Dept\Eagle Applications\CU\2002\CU-O8-02 ccf.doc