Findings - PZ - 1996 - CUP - Build An Elementary School In An R4 Zone/Lot 32 Blk 7, Lexington Hills #5
CITY OF EAGLE
IN THE MATTER OF
LEXINGTON HILLS ELEMENTARY
SCHOOL
AN APPLICATION
FORA
CONDITIONAL USE PERMIT
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FINDINGS OF FACT
AND
CONCLUSIONS
OF LAW
On June 17, 1996, pursuant to public notice and hearing procedures set forth in Section
67 -6509, Idaho State Code, and Section 8-7-3-2, Eagle City Code, Jim Carberry the
representative for the Meridian School District #2, the applicant, came before the Eagle
Planning and Zoning Commission for the City of Eagle, Idaho, requesting approval of a
conditional use permit to build an elementary school in an R4 Zoning District. The
location of the property is lot 32, Block 7, Lexington Hills Subdivision, phase 5, which is
located on the N. Side of Floating Feather Rd,
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 Power, and Ada Highway District.
2,
Responses received from entities::
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Central District Health:
. After written approval ttom appropriate entities are submitted, we can approve this proposal
for central sewage and central water,
The following plans must be submitted to and approved by the Idaho Department of Health
and Welfare Division of Environmental Quality: Central sewage and central water.
Street runoff is not to create a mosquito breeding problem.
Storm water management criteria are recommended.
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3,
On June 17, 1996, a public hearing was conducted by the Eagle Planning and
Zoning Commission, Public testimony was received from J. Keith Fleming opposing
the project being placed so close to building lots. There is no additional testimony
in favor or opposed.
4,
The standards used in evaluating the application are in the fol/owing sections of the
Eagle City Code:
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. Wil/ 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 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. Wi 1/ 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.
8-3-3.D
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
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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 Sites and open spaces: shall conform to the following:
A. Public Uses
8, 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 -3-5-0: 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,
CONCLUSIONS OF LAW
1, granting of a Conditional Use Permit for the purpose of establishing a elementary school
on the property will not violate the Idaho State Codes, Eagle City Codes or Eagle
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Comprehensive Plan. The Eagle Comprehensive Plan Map, identified as the Land Use
Map, includes a land use designation in Lexington Hills Subdivision for a school site, and
therefore, is in compliance with the current Eagle Comprehensive Plan,
2, the approval of the application will have no adverse impact on those property owners
in the area;
3, the application submitted by the Meridian School District for a Conditional Use Permit
serves the welfare of the general public and is in the best interest of the public,
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 subject to the following conditions:
1,
The Meridian School District must meet the conditions of the Lexington Hills
Subdivision CC&R's regarding fencing on and around school grounds
2.
Require adequate sewer permits from the Sewer District.
ADQ,gTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this
1 cfayJof..Jyly, 6,
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