Findings - CC - 1994 - CUP - Cup To Construct Middle School
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CITY OF EAGLE
IN THE MATTER OF
MERIDIAN SCHOOL DISTRICT #2
AN APPLICATION FOR A
CONDITIONAL USE PERMIT
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On December 28, 1993, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Section 8-7-3-5, Eagle City Code, representatives of Lombard
Conrad, an Architectural firm and representatives of the Meridian
School District #2, the applicants, came before the Eagle City
Council for the City of Eagle, Idaho, requesting approval of a
conditional use permit to construct a middle school in the City of
Eagle. The proj ect is designed to accommodate 1,000 to 1,100
students in approximately 130,000 SF of the building. The site
will include a lighted parking area to accommodate 225 cars, a bus
drop-off/fire truck road, 6 tennis courts, 2 football fields, 4
soccer fields, 3 softball fields and 1 baseball field. The project
encompasses approximately 33 acres of land. The zoning of the
property is currently A-R (Agricultural-Residential)
The location of the property is the north side of Floating Feather
Rd, between Eagle Road and Ballantyne Lane.
Based on the application, testimony from the applicants and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle City Council finds
the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The records in this matter indicate all notices, and
publications have occurred as required by law. The records further
reflect notice of the public hearing was sent to relevant public
entities, including Central District Health, Eagle Sewer District,
Eagle Water Co., Eagle Fire Dept., Idaho Power, and Ada Highway
District. The replies from said entities are as follows:
EAGLE SEWER DIST: This is within the Sewer District's Planning
Area, but not annexed. A petition for annexation has been filed
and will be reviewed Dec 13. The Dry Creek line will need to be
constructed to get the sewer service to the school site.
EAGLE FIRE DIST:
the approval:
The following conditions must be met to obtain
1.
2.
3.
4.
5.
5 fire hydrants-locations specified by fire dept.
fire extinguishers need specific locations
hood fire system in kitchen
indicate fire alarm locations
full sprinkler system-indicate and label FDCs
...
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6.
7.
how are separation doors controlled?
all fire lanes to be 20 ft. clear width
CENTRAL DISTRICT HEALTH: Can approve this proposal for central
sewage and water after plans are submitted and approved by the
Idaho Dept of Health and Welfare, and DEQ.
ACHD:
12/1/93:
Site Specific Requirements:
1. Dedicate 45 ft. of right of way from the centerline of Floating
Feather Rd. abutting parcel and the recently split off outparcel.
The owner will be compensated for this additional right of way from
available impact fee revenues in this benefit zone.
2. Provide pavement widening on Floating Feather Rd for a left
turn bay for each access and to the easterly boundary of the site
including the frontage of the recently split off parcel (well
site) .
3. Provide 5 ft paved shoulders along both sides Floating Feather
Rd abutting parcel and the recently split off outparcel.
4. Provide a deposit to the public rights of way Trust fund at the
District for the required 5 ft sidewalk on floating Feather Rd.
abutting parcel and the recently split off outparcel.
5. Standard Requirements
(attached)
EAGLE WATER CO: 12/10/93: At this time Eagle Water Co. is working
w/ Mr. Terry Scanlam of Montgomery-Watson Engineering, who is the
Meridian School District Water Engineer to provide domestic fire
and irrigation water service to this school.
2. Public testimony was received and written comments submitted to
the Council. The written comments were in favor of the project,
the comments were received from: Milton Roelofs, Lumina Watson,
Linda Bequette.
3. The concerns of the public were: the proposal for portable
classrooms submitted with the application, the traffic, the need
for a traffic light, the right-of-way.
4. On November 30, 1993, a public hearing was conducted by the
Eagle Planning and Zoning Commission. The Commission found the
following:
Although granting of a Conditional Use Permit for the purpose of
constructing a middle school in the City of Eagle is for the
betterment of the community and will not violate the Idaho State
Codes, Eagle City Codes or Eagle Comprehensive Plan, the testimony
of the school representatives does not provide sufficient
information regarding the traffic and water concerns expressed by
the Eagle Planning and Zoning Commissioners. A Conditional Use
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Permit must serve the welfare of the general public and must be in
the best interest of the public. In order to determine best
interest sufficient information must be available to the Commission
in order to recommend approval to Council, therefore, the
Commission recommends to the Council the application be denied
until satisfactory information has been received from Ada County
Highway District, addressing the traffic and upgrading of Floating
Feather Rd. Additional information regarding the supply of water
must be received by the Dept. of Water Resources or Eagle Water
Co., depending on the water supply generated by means of a well or
private company.
5. A report was submitted to the City from Becky Bowcutt, a
representative of the City of Eagle's Engineering firm, Briggs
Engineering. Ms. Bowcutt was asked to review the conditional use
application and submit the findings to the City for the public
hearing before the Commission and Council.
OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT
A. Uses allowable with conditions and subject to ability of
political subdivisions to provide services.
B. Notice procedures apply (ISC 67-6509)
C. Can be tied to ability of political subdivisions to provide
services. Sequence, timing, duration, maintenance; can require
site-specific conditions.
D. May require that studies be conducted
E. Transferable from owner but not from parcel.
PRACTICAL POINTERS
The special use permit procedure allows a zoning ordinance to
address uses which are conditionally acceptable in the midst of a
land use zone. The special use procedure allows the application of
special conditions to development the uses which would allow them
to integrate suitably with their surroundings. By including the
conditions which are susceptible to special use approval, a permit
applicant is put on notice of what design features should be
considered and might be applied as conditions.
Some of those considerations might be restrictions on lighting,
landscaping requirements, limits on building height or placement,
design considerations.
It may be appropriate to require applicants for a special use
permit to conduct special studies and to provide additional
analysis beyond that normally required of a permit applicant before
a permit can be favorably considered. Special use permits do not
create binding precedent and are very site specific in that certain
uses can be integrated suitably into certain sites better than
others. Accordingly, special use permits are not transferable from
one site to another, but do continue from one owner to another.
Special use permits can be implemented to time certain, or within
a certain time frame.
The standards used in evaluating the application, the sections of
the Eagle City Code, analysis and conditions of approval are as
follows:
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 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;
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 existent or future
neighboring uses;
E. Will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water and sewer an 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 shall be so
designed as not to create an interference with traffic on
surrounding public thoroughfares; and
J. will not result in the destruction, loss or damage of a natural,
scenic or historic feature of major importance.
8-7-3-3 Public Sites and open spaces:
following:
shall
conform to
the
A. Public Uses
B. Natural Features
C. Special Developments
8-7-3-4: Supplementary conditions and safeguards: In granting and
CUP the Council may prescribe appropriate conditions, bonds and
safeguards in conformity with this Title. Violations of such
conditions, bonds or safeguards, when made a part of the terms
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under which the CUP is granted, shall be deemed a violation of this
Title.
8-7-3-5: CONDITIONAL USE PERMITS
8-7-3-5-C-2:
Upon granting or denying a CUP specify:
a. the ordinance and standards used in evaluating
the application;
b. the reasons for approval or denial; and
c. the actions, if any, that the applicant could
take to obtain a permit.
8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions
may be attached to said permit including, but not limited to,
those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public
facilities or service; and
7. Requiring more restrictive standards than those generally
required in this Title
8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one
parcel to another. (D) A CUP shall not be considered as
establishing a binding precedent to grant other CUP.
CONCLUSION
The City Council concludes that the application for a Conditional
Use Permit for the construction of a middle school within the
boundaries of the City of Eagle is consistent with the intent and
purpose of the Idaho State Code, 1993 Eagle Comprehensive Plan and
Eagle City Codes, specifically Title 8, Chapter 7. The zoning
designation is in accordance with the Eagle Comprehensive Plan and
serves the welfare of the general public, and is in the public
interest.
The proposed development is appropriate and follows the orderly
development of the City and protects the health, safety and welfare
of the new 1993 comprehensive plan.
There is adequate evidence showing that this development, at the
proposed location, satisfies the general standards for approval of
a Conditional Use Permit set forth in Section 8-7-3-5 of the Eagle
City Code. The development, if the conditions attached are met,
will promote public welfare, safety and provides for harmonious
development.
Granting of the application will not violate the Idaho Code nor
nullify the interests or purposes of the Eagle City Code or Eagle
Comprehensive Plan, with the conditions set forth by the Eagle City
Council.
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle City Council approves the application for a
Conditional Use Permit for construction of a middle school in
the boundaries of the City of Eagle subject to the following
conditions:
1.
The right of way of the Road will be 45 ft. to the N. and all
other ACHD requirements
An application for the portable classrooms will be brought
before the City Council as a CUP application prior to erection
at the site.
This application is subject to the approval of the Design
Review and Landscaping Committee.
2.
3.
ADOPTED by the Eagle City Council of the City of Eagle, Idaho this
11- day of Jqnuary , 1994.
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MAYOR STEVE GUERBER