Findings - CC - 2019 - CU-05-16 MOD - Increase In Number Of Students And ClassroomsBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT MODIFICATION
TO INCREASE THE NUMBER OF STUDENTS
AND INCREASE THE NUMBER OF CLASSROOMS
ASSOCIATED WITH A PRIVATE: SCHOOL
FOR MEGAN STEPHENS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -05-16 MOD
The above -entitled conditional use permit application came before the Eagle City Council for their
consideration on August 13, 2019, at which time public testimony was taken. The City Council continued
the application to August 27, 2019, to provide the applicant time to bring back the requested information.
The application and new information came before the City Council for their action on August 27, 2019, at
which time public testimony was taken and the public hearing was closed. The Eagle City Council having
heard and taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Megan Stephens is requesting a modification to the conditional use permit previously approved for
a private school/childcare facility. The modification request is to increase the number of students
permitted from 30 -students to 49 -students and increase the number of classrooms from 3 to 4
classrooms. The 0.33 -acre site is located on the north side of East Idaho Street approximately 115 -
feet
east of the intersection of North 2nd Street and East Idaho Street at 342 East Idaho Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle Library at 3:00 PM, on Saturday, July 6e 2019, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on July 8, 2019. A revised shared parking and cross access
agreement was provided to the City on August 22, 2019.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 27,
2019. 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 July 25, 2019. The site was posted in accordance with the Eagle City
Code on August 2, 2019.
D. HISTORY OF RELEVANI' PREVIOUS ACTIONS:
On August 12, 2004, the Design Review Board recommended approval of a design review
application to convert a single-family dwelling into an office building (DR -78-04).
On September 14, 2004, the Eagle City Council approved a design review application to convert a
single-family dwelling into an office building (DR -78-04).
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On August 12, 2004, the Design Review Board recommended approval of a design review
application for a monument sign for Spotlight Events (DR -79-04).
On September 14, 2004, the Eagle City Council approved a design review application for a
monument sign for Spotlight Events (DR -79-04).
On July 26, 2016, the Eagle City Council approved a conditional use permit for a private
school/childcare facility for Brooke Van Horn (CU -OS -16).
On August 10, 2017, the Design Review Board approved a change of use from office to private
school/childcare facility for Brynlee Academy (DR -78-04 MOD).
On July 8, 2019, a staff level review and approval was issued to remove an overhead garage door
and breezeway and infill and enclose those areas with matching siding, doors, and windows (DR -
78 -04 MOD2).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G
H
I.
Existing
Proposed
North of site
South of site
East of site
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Downtown
No Change
Downtown
Downtown
Downtown
CBD (Central Business Private School/Childcare
District) Facility
No Change
R-4 (Residential)
CBD (Central Business
District)
CBD (Central Business
District)
West of site Downtown CBD (Central Business
District)
Private School (Innovate
Academy)
Single -Family Residential
(Eagle Village Subdivision
No. 2)
Idaho Street/Eagle Senior
Center
Single -Family Residential
(Carpenters Third
Addition)
Single -Family Residential
(Carpenters Third
Addition)
DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Transitional Development Area (TDA) overlay district.
URBAN RENEWAL DIS'iRICT: The property is located within the Urban Renewal District.
EXISTING Si'i'E CHARACTERISTICS:
The site consists of one (1) building currently being utilized as a private school. There is also an
existing paved parking lot and mature trees on the site.
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J. Si'i'E DESIGN INFORMATION:
SITE DATA
PROPOSED REQUIRED
Total Acreage of Site 0.33 -acres (14,282 -square 500 -square feet (minimum)
feet)
Percentage of Site Devoted to Building 17% (approved with DR -78 -
Coverage 04)
Percentage of Site Devoted to
Landscaping
Number of Parking Spaces
20% (minimum)*
85% (maximum)*
68% 10% (minimum)
8 -parking spaces 9 -parking spaces
Front Setback 25 -feet
Rear Setback
10 -feet (minimum)*
25 -feet (maximum)*
43 -feet 0 -feet (minimum)*
*Note: Required lot coverage and setbacks when located within the i1JA.
K. GENERAL SITE DESIGN F'EATURES:
Number and Uses of Proposed Buildings:
The site consists of one (1) existing building which will consist of four (4) classrooms, office, food
prep area, and two (2) flex spaces.
Height and Number of Stories of Proposed Buildings:
The existing building is approximately 17 'h -feet high, single story.
Gross Floor Area of Proposed Buildings: 2,693-sqaure feet
On and Off -Site Circulation:
A 3,792 -square foot (approximately) parking area, of which 2,162 -square feet (approximately) is
paved with asphalt and 1,630 -square feet (approximately) is grass Crete, is provided for vehicles
using this site. One 12 -foot wide driveway is located on the south and east side of this site
approximately 4 -feet west of the east property line accessing East Idaho Street.
L. PARKING ANALYSIS:
Gross Floor Area: 2,693 -square feet
Number of classrooms: 4
• Eagle City Code Section 8-4-5 requires 2 for each classroom and 1 for every 5 seats in the
auditoriums or assembly halls (for Elementary and Junior High Schools).
Total parking spaces proposed: 9 parking spaces (6 off street, 3 on street).
M. PUBLIC SERVICES AVAILABLE:
This site is served by Eagle Sewer District, Eagle Water Company, and Eagle Fire Department.
N. PUBLIC USES PROPOSED: None proposed.
O. PUBLIC USES SHOWN ON F'UTURE ACQUISITIONS MAP: No map currently exists
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P. SPECIAL ON-Si'l'E FEA'HJRES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — several mature trees located adjacent to the eastern property line.
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — unknown
Q. SUMMARY OF REVIEW OF ENVIRONMEN'I'AL ASSESSMENT PLAN (IF REQUIRED):
Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
S. LE'IIERS FROM THS PUBLIC: None received to date.
T. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular -facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
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
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I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of
major importance.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAii ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The site is designated as Downtown on the Comprehensive Plan Land Use Map.
Chapter 6 — Land Use
6.7 Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core. A variety of business, public, quasi -public, cultural, residential
and other related uses are encouraged. The greatest possible concentration of retail sales and
business is to occur in this land use designation. Pedestrian friendly uses and developments are
encouraged. Residential only development should be discouraged. Land within this district is
the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may
include Mixed Use, Residential, Commercial, and Professional Office.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2 defines Private School as:
SCHOOLS, PUBLIC OR PRIVA'i'E: An institution of learning that offers academic instruction
in the courses that are required by the state of Idaho to be taught in public schools. "School"
includes kindergarten, elementary, middle, junior high, and senior high. Privately funded
schools whose curriculum meets the state of Idaho standards shall be included in this definition.
• Eagle City Code Section 8-2-1 CBD Central Business District:
To permit the establishment of areas for commercial uses allowed in other commercial zones
and commercial uses which are more intensive than those permitted in other commercial zones.
Uses that complement rather than compete with the uses allowed within the CBD zoning
district shall be encouraged.
• Eagle City Code, Section 8-2-3 states, in part, that a Childcare Facility located within a CBD
(Central Business District) zoning district requires the approval of a conditional use permit.
• Eagle City Code, Section 8-2-3 states, in part, that a Private School located within a CBD
(Central Business District) zoning district requires the approval of a conditional use permit.
• Eagle City Code Section 8-4-5 Schedule of Parking Requirements:
In accordance with subsection 8-4-1(A) of this chapter, parking spaces for other permitted or
conditional uses not listed herein shall be determined by the administrator. Among the factors
for determining the number of spaces to be required for a use not listed herein, the administrator
shall compare the proposed use with a use which has similar traffic generating characteristics
as outlined in the most recent version of the institute of transportation engineers trip generation
manual.
Elementary and junior 2 for each classroom and 1 for every 5 seats in the auditoriums or
high schools assembly halls
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C. DISCUSSION:
• The conditional use permit associated with the site allows for a total of 30 -students and 3 -
classrooms. The applicant is requesting conditional use permit approval to allow for 19 -
additional students and 1 -additional classroom increasing the total student count to 49 -students
and the classroom count to 4 -classrooms. The circulation plan, date stamped by the City on
July 8, 2019, shows the vehicular circulation pattern traveling east on East Idaho Street from
North 2nd Street, executing a U-turn at the terminus of East Idaho Street, then approaching the
private school site located on the north side of East Idaho Street. Due to the proposed increase
in traffic from adding additional students, the applicant should be required to provide an
alternative form of access should the number of students be increased from 30 to 49 -students.
Staff received an email from the applicant, dated August 2, 2019, which indicated they are
working with Creekside Baptist Church (located at 350 East State Street) to provide additional
parking and cross access from their East State Street entrance to East Idaho Street for the school
families. The email further states, they are working with their attorney to prepare a shared
parking and cross access agreement for execution by the parties involved. Should the Council
approve the requested student increase, the applicant should be required to provide a copy of
the executed shared parking and cross access agreement with Creekside Baptist Church.
• In regard to increasing the number of classrooms from 3 to 4 classrooms the applicant should
be permitted to increase the classroom count since they have adequate parking spaces for the
number of classroom proposed.
• 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 this title (Eagle
City Code Title 8) for the zoning district involved since a private school requires approval
of a conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), since there
are no inconsistencies with the Comprehensive Plan and Eagle City Code contains
provisions which allow for a private school to be located within the CBD (Central Business
District) zoning district with the approval of a conditional use permit;
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 since the private school is
located within an existing building and a conditional use permit was previously approved
for the private school use;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
applicant will be required to provide additional parking and cross access from an adjacent
property, therefore eliminating vehicles conducting U-turns on the street fronting the
property;
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 since the site is already developed and served
by Eagle Sewer District, Eagle Water Company, and Eagle Fire Department;
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F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community since the
infrastructure is already in place to serve the existing structure;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors since the applicant
was previously required to provide noise mitigation to reduce the sounds coming from
children playing outdoors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares since the applicant is required
to obtain cross access from an adjacent property owner; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of
major importance since any and all natural features such as existing tress are required to
remain on the site; there are no scenic or historic features of major importance on the site.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council for their consideration on August
13, 2019, at which time public testimony was taken. The City Council continued the application to
August 27, 2019, to provide the applicant time to bring back the requested information. The application
and new information came before the City Council for their action on August 27, 2019. The Council
made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU -OS -16 MOD for a conditional use permit modification to increase
the number of students permitted and increase the number of classrooms from 3 to 4 classrooms with the
original site specific conditions of approval #1 and #8 modified (CU -OS -16), a new site specific condition
of approval #12, and standard conditions of approval as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A private school facility is the only use approved with this conditional use permit. The private school
shall be limited to a maximum of 30 -students until such time the applicant provides an executed cross
access and shared parking agreement with the property owner located at 350 East State Street. Upon
execution of the cross access and shared parking agreement, the private school shall be limited to a
maximum of 50 -occupants. The applicant shall be required to provide a new executed cross access and
shared parking agreement on August 1st of each calendar year the school is in session. In the event the
cross access and share parking agreement is terminated by either party, the applicant shall have 30 -days
to reduce the student population to no more than 30 -students.
8. The private school shall have a maximum of 4 -classrooms.
12. The school cross access being provided from East State Street through the property located at 350 East
State Street, shall only utilize the cross access as ingress during the drop off and pick up times of
Monday — Thursday, 8:00 — 8:30 AM and 4:00 — 4:30 PM. The gate located between the terminus of
East Idaho Street and the property located at 350 East State Street shall be closed with the exception of
drop off and pick up times, unless the property owner located at 350 East State Street desires the gate
to be open for activities associated with their property. In the event the cross access is utilized for egress
during the aforementioned times it shall be considered to be a violation of the conditional use permit
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and may result in reducing the number of allowed students to a maximum of 30 -students.
NOTE: In the event a Standard Condition of Approval conflicts with a Site -Specific Condition of
Approval contained herein the Site -Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs, gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested
in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever
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occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non- single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two-family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
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15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
is sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change
from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review, as stipulated in Eagle City Code (one year from the 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
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conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be
declared void after notice and public hearing before the city council.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU -O4
18 MOD)
in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and
has concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) for the zoning district involved since a private school requires approval of a
conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), since there are no
inconsistencies with the Comprehensive Plan and Eagle City Code contains provisions which allow
for a private school to be located within the CBD (Central Business District) zoning district with
the approval of a conditional use permit;
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 since the private school will be located within an
existing building;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the private school
is an existing use;
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 since the site is already developed and served by Eagle Sewer District, Eagle
Water Company, and Eagle Fire Department;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community since the infrastructure is
already in place to serve the existing structure;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors since the applicant will provide cross
access to the site from a property located at the terminus of East Idaho Street which will reduce the
vehicle trips on East Idaho Street by eliminating the need for vehicles to conduct a U-turn on East
Idaho Street when dropping off or picking up children, Also, a few families will have multiple
students attending the school, thus reducing the vehicle trips. The school activities will be
conducted within the building except for recess. There has been a private school operating at this
location (CU -OS -16) and the noise at recess should be comparable to the noise level associated with
the private school currently operation on the site;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since a cross access is being provided from East
State Street to East Idaho Street which will reduce the vehicle trips on East State Street; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since any and all natural features such as existing tress are required to remain on the
site; there are no scenic or historic features of major importance on the site.
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K:\Planning Dept\Eagle Applications\CM2016\CU-05-16 MOD Innovate Academy ccf.docx
2. 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 10th day of September 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, M
ATTEST:
Sharon K. Bergmann, agle Cit Clerk
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Page 12 of 12
K:APlanning [)ept\Lagle Applications\CU\2016\CU-O5-16 MO[) Innovate Academy ccl.docx