Findings - PZ - 2006 - CU-01-06 - Height Exception Of 38'6"/4735 W. Saguaro Drive
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A BUILDING )
HEIGHT EXCEPTION FOR THE GALlLEO )
MATH AND SCIENCE MAGNET SCHOOL FOR )
MERIDIAN JOINT SCHOOL DISTRICT NO.2)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-OI-06
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on February 27, 2006. 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:
Meridian Joint School District No.2, represented by Wayne Thowless with LKV
Architects, is requesting conditional use permit approval for a building height exception of
38' 6" for the Galileo Math and Science Magnet School. The site is located on the
southeast comer of West Saguaro Drive and North Linder Road approximately 1, 700-feet
north of West State Street at 4735 West Saguaro Drive (Lot 1, Block 3, Senora Creek
Subdivision).
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 19, 2006.
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 January 16, 2006. 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 February 6, 2006. Requests for agencies' reviews were transmitted on January
13, 2006, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 10, 2006, the Eagle City Council approved a design review application for an
elementary and junior high school (DR-99-05).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Public/Semi-public PS-DA (Public/Semi-public Vacant
with development agreement)
Proposed No Change No Change Elementary/Junior High
School
North of site Residential Three R-4-DA (Residential with Senora Creek Subdivision
development agreement)
South of site Residential Three R-2-DA (Residential with Sedona Creek Subdivision
development agreement)
East of site Residential Three R-4-DA (Residential with Senora Creek Subdivision
development agreement)
West of site Residential Two RR (Rural Residential - Ada Agricultural
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. EXISTING SITE CHARACTERISTICS: None
I. SITE DESIGN INFORMATION:
Site Data Proposed
Total Acreage of Site 464,420-square feet (1O.66-acres)
Percentage of Site Devoted to Building 18% (approximately)
Coverage
Percentage of Site Devoted to Landscaping 53% (approximately)
Number of Parking Spaces 216-parking spaces
Front Setback 188-feet (north)
Rear Setback 43-feet (south)
Side Setback 136-feet (west)
Side Setback 243-feet (east)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as an elementary/junior
high school.
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Height and Number of Stories of Proposed Buildings:
Classrooms = 24' high; one story.
Gymnasium = 38' 6" high; one story.
Gross Floor Area of Proposed Buildings: 85,214-square feet.
On and Off-Site Circulation:
A 91,250-square foot (approximately) paved parking lot provides parking for vehicles
using this site. One 30-foot wide driveway is proposed to be located on the north of
this site approximately 237-feet east of Linder Road, a second 28-foot wide driveway
is proposed to be located on the north side of this site approximately 490-feet east of
Linder Road. Both driveways provide access to West Saguaro Drive.
K. PUBLIC SERVICES A V AILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City.
A water service approval has not been received to date. Approval of the water company
having jurisdiction will be required prior to issuance of a building permit.
L. PUBLIC USES PROPOSED: Public elementary and junior high school.
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 - No
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
None Required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report and incorporated herein by reference.
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Idaho Power Company
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Q. LETTERS FROM THE PUBLIC: None received to date.
R. 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
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Public/Semi-Public.
Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is
developed in order that a general mood or theme is established and
maintained.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique
natural beauty and small town character of the City.
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B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and any other
such structures shall be limited to a maximum of thirty-five feet (35'). Additional height
may be permitted if a conditional use permit is approved by the City Council.
C. DISCUSSION:
. The applicant is requesting conditional use permit approval to allow a building height
exception of 38' 6" for the gymnasium in order to provide an adequate interior ceiling height
(25' clearance to bottom of the trusses) for basketball and volleyball. The building is
aesthetically enhanced by the height of the gymnasium while a lower roofline would not be as
complementary to the building's overall scale, massing, and appearance.
The proposed building will be in harmony with the surrounding residential homes which are
predominantly two story homes.
. 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:
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 PS zoning district since a height exception is shown
as needing approval of a conditional use permit in the PS zoning district on the
"Official Schedule of District Regulations" chart of that section;
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 0 inconsistencies with the Comprehensive Plan and since the
development will be required to meet conditions of the design review application;
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 development will meet the City's design review requirements and design
requirements of the Eagle Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
area is planned for residential 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
since the residential subdivision has already been reviewed and approved;
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 previously approved
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for the subdivision; 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 approval of the conditional
use permit with 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 February
27, 2006, 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.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of CU-OI-06 for a conditional
use permit for a building height exception for the Galileo Math and Science Magnet School for the
Meridian Joint School District No.2, with the following staff recommended site specific
conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of the design review application (DR-99-05).
2. The height of the gymnasium shall not exceed 38' 6".
3. A building permit for this proposal shall be obtained within one year, otherwise the conditional use
approval for a height exception shall be considered null and void.
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.
2. Department of Environmental Quality 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.
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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.
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
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
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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.
13. 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.
14. 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
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.
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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 January 19,2006.
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 January 16, 2006. 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 February 6, 2006. Requests for agencies' reviews
were transmitted on January 13, 2006, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-OI-06) 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:
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 PS zoning district since a height exception is shown
as needing approval of a conditional use permit in the PS zoning district on the
"Official Schedule of District Regulations" chart of that section;
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 0 inconsistencies with the Comprehensive Plan and since the
development will be required to meet conditions of the design review application;
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 development will meet the City's design review requirements and design
requirements of the Eagle Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
area is planned for residential 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
since the residential subdivision has already been reviewed and approved;
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;
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H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares as previously approved
for the subdivision; 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 27th day of February 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
A"COU~
Clifford A. Marks Jr., Chairman
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ATTEST:
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Sharon . Bergmann, Eagle City C erk
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