Findings - PZ - 1996 - CUP - Cup For Eagle Academy Alternative School/In C1 Zone
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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
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