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Findings - PZ - 1996 - CUP - Cup For Eagle Academy Alternative School/In C1 Zone 4. '" CITY OF EAGLE IN THE MATTER OF MERIDIAN SCHOOL DISTRICT #2 AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR EAGLE ACADEMY FINDINGS OF FACT AND CONCLUSIONS OF LAW On January 22, 1996 and February 5, 1996, 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, Jim Carberry representing the applicant, Meridian School District #2 came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting approval of a conditional use permit to establish an Eagle Academy Alternative School for about 150 high school aged students. Also speaking for the application was Marilyn Reynolds, principal at the Meridian Academy. The location of the property is North side of State Street, between Edgewood and Palmetto, the Bass property, Eagle, Idaho. The zoning district is C1. Based on the application, testimony from the applicant and all interested parties and, together with all documentary evidence submitted concerning the application, the Eagle Planning and Zoning Commission 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 Transportation Department and Ada Highway District. 2. A public hearing on the application was scheduled for January 22, 1996 before the Eagle City Planning and Zoning Commission, and was continued to February 5, 1996, to receive and review a traffic analysis and receive input from the Eagle Building Inspector regarding the Uniform Building Code. 3. The property which is the subject of this application is located generally between Edgewood and Palmetto, north of State Street in Eagle, Idaho. The owner of the property at the time of the application was the Bass Family Trust, 391 Walters street, Colton California. 5. The applicant proposes an Alternative School (Academy) for up to 150 high school age students utilizing portable classrooms. The project is accessed by a private driveway. The application includes 8.95 acres, the front approximately 4 acres is designated as 'Future Development'. 6. Written testimony was received from: Lynn Sedlacek, Colleen Maile: in favor. A Petition submitted in opposition with 107 names, also opposed is Denis and Celia Callagher, Steven & Becky Petersen and Otto H. Achenbach. 7. Oral testimony was given by: opposed: Scott Leverman: Karen Breaux: Steve Peterson Dolores Creed, George Emerson, Nancy Merrill, Terry Young, Becky Peterson. In Favor: Michelle Mast, Ron Marshall, Glida Bothwell, Bob Morgan, Nancy Amell 8. RESPONSES RECEIVED FROM ENTITIES: ACHD: 2/8/96, "The applicant did meet with District staff to discuss ACHD requirements regarding a public road for this site. However,. The discussion touched on several possible options and no particular direction was given by the District or by the applicant with regard to a possible public street for this proposed development. The site plan reviewed and acted on by the ACHD Commission on October 25, 1995 and the site plan proposed with the conditional use modification shows a driveway not a public road. The conditions previously required by the ACHD Commission still apply to this modification as submitted to the District. No public roads are approved for the site at this time. If the applicant proposes a public road the District will review the development proposal and provide requirements with regard to the roadway location and design at that time.H Eagle Sewer district: 1/16/96, "The property proposed for the Academy is within the Eagle Sewer District's Planning Area and is annexed into our boundaries. There is a sewer line in State Street's north right-of-way that can serve the Academy Eagle Sewer District is still investigating the options for a long term solution to the disposal of our treated effluent water. The District must stress that our capacity is limited, and sewer service remains on a first come, first served basis.H 1/30/96: Reiterated Eagle Fire District: 1/10/96, "We have no opposition to this applica tion and support its approval. However, the following conditions must be met. 1. Fire Flow requirements for buildings: The minimum fire-flow and flow duration requirements for one and two family dwellings , - having a fire area which does not exceed 3,600 sq ft shall be 1,000 gal per minute. Fire flow and flow duration for dwellings having a fire area in excess of 3,600 sq. ft shall not be less than that specified in Table No. A-III-A-l. A reduction in required fire flow of 50%, as approved by the chief, is allowed when the building is provided with an approved automatic sprinkler system. 2. The fire hydrant needs to be moved to a more accessible location. 3. Fire apparatus access roads shall comply with Art. 10-Div 11, 1991 UFC, this section covers width and turn-arounds. Idaho Transportation Department: 1/11/96, "The ITD has reviewed the information packet you sent concerning this facility. We do not oppose the proposed land use. The applicant should be made aware that access to state street is controlled by ITD. The applicant should contact our office as soon as possible to discuss access requirements. The applicant should be prepared to furnish our office with a copy of ACHD's staff report, a full size site plan and a traffic impact analysis for the facility." Eagle Water Co. 1/8/96, "Eagle Water Co. Will provide water service to this proj ect as provided for by the Idaho Public Utilities Commission." 9. Eagle City Code as it pertains to this application: EAGLE CITY CODE: Eagle City Code 8-2-1: C-1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods. OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT A. Uses allowable with conditions and subj ect 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 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 b 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 I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8-3-3 D. Side and Rear Yards for Nonresidential Uses Abutting Residential Districts: Nonresidential buildings of uses shall not be located nor conducted closer than forty feet to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent of the requirement if acceptable landscaping or screening approved by the Council is provided. Such screening shall be a masonry or solid fence between four and eight feet in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting. 8-7-3-3 Public following: Sites and open spaces: 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 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. 9-3-7: Planting Strips and Reserve Strips: Planting strips and reserve strips shall conform to the following standards: A. Planting strips: Planting strips shall be required to be placed next to the incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. CONCLUSIONS OF LAW Granting of a Conditional Use Permit to establish an Eagle Academy Alternative School for about 150 high school aged students on the applicant's property is compatible with the neighborhood and consistent with the C1 zoning as defined in Eagle City Code. The granting of a Conditional Use Permit would not be hazardous or disturbing to existent or future neighboring uses and 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. RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application be approved with the following conditions: 1. Must meet the requirements of ACHD regarding the roadway as a public road 2. They continue the fencing along the east side in a similar fashion as now exists 3. That the City receives an approval letter from the Drainage District #2 and a letter from the Sewer District that they will serve the site 4. Meet the requirements of 8-3-3-D the setbacks, with a minimum of 25 ft setbacks. 5. The portion north of the canal be maintained as well as the front portion of the property which will be undeveloped, with a dust free environment 6. Installation of sidewalks or bonding for the sidewalks required Ie Planning and Zoning Commission of h day of February .~,'a¡'~~P8; ';"'~"'~1" () F J~,,}.,;5à A..~','J2' >"'c,': ~:,:',:~~ :;"1,:' ...-c;/,/::;",,'-;;';: the City of I I f " .' ~ " ..' '^ "~,-~--,' 'v-- LERK ", - .i,)