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Findings - PZ - 1996 - CUP - 2 Portable Classrooms @ Elementary School/10.5 Acres/R5 Zone ( CITY OF EAGLE IN THE MATTER OF MERIDIAN ) SCHOOL DISTRICT ) AN APPLICATION FOR ) CONDITIONAL USE PERMIT) FOR EAGLE ELEMENTARY ) ANDEAGLE~LS ) ELEMENATARY ) FINDINGS OF FACTS AND CONCLUSIONS OF LAW On July 1, 1996, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho Code, Jim Carberry and Chuck Leis representing Meridian School District, the applicant, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting approval for a Conditional Use Permit for placement of 2 portable classrooms at Eagle Hills Elementary School on 10 acres in an existing A zone; and placement of 2 portable classrooms at Eagle Elementary School on 10.5 acres in an existing R5 zone. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle City Planning and Zoning Commission recommended that the Eagle City Council grant the application for a conditional use permit for a minimum of two (2) years or until Lexington Hills School is complete, at which time the portables will be removed or the school district can apply for an extension of the conditional use permit. The Eagle Planning and Zoning Commission issued Findings of Fact and Conclusions of Law in support of its recommendation on July 15, 1996. On July 23, 1996, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho Code, Jim Carberry representing the Meridian School District, the applicant came before the City Council, for the City of Eagle, Idaho, requesting approval for a Condition Use Permit to place two portable classrooms at Eagle Hills Elementary and Eagle Elementary schools for the period of two years. The following parties appeared before the City Council and testified in favor of the Conditional Use Permit application: Marty Murphy, Principal, Eagle Elementary; Larry Gebert, Eagle, Idaho, and Marsha Johnson, teacher, Eagle Elementary. No public testimony was received in opposition to the application. Based on the testimony ITom the applicant and all interested parties together with all documented evidence submitted concerning the application, the Eagle City Council finds as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1, On July 1, 1996, a public hearing was conducted by the Eagle Planing and Zoning Commission. Testimony was presented by neighborhood property owners. There was no ( opposing testimony and testimony in favor was given by Marty Murphy, Marsha Johnson, and Randy Canegaly. 2. On July 23, 1996, a public hearing was conducted by the Eagle City Council. Testimony was presented by the applicant and other interested persons. There was no opposing testimony and testimony in favor was given by Jim Carberry, Marty Murphy, Larry Gebert, and Marsha Johnson. 3.. 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 the appropriate public and private entities with responses to the proposal being received in the City Clerk's office from those entities. Those responses are as follows: RESPONSES RECEIVED FROM ENTITIES: Both Schools are connected to the sewer system. Portables are classrooms and do not include restroom facilities. The Sewer District has no objections to the CUP. Eagle Fire District - 6/18/96: no opposition Central District Health: 6/21/96: no opposition 3. The Conditional Use Permit application requests placement of 2 portable classrooms at Eagle Hills Elementary School on 10 acres in an existing A zone; and placement of 2 portable classrooms at Eagle Elementary School on 10,5 acres in an existing R5 zone. 4. The portable buildings will be 20 feet apart and 20 feet from existing buildings and meet all applicable building and fire codes. 5, The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan, 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 ofthe 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 further 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 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 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 tree of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip ofland 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 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 no 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 ITom one parcel to another. CD) A CUP shall not be considered as establishing a binding precedent to grant other CUP. CONCLUSION The Eagle City Council concluded that the application for Conditional Use Permit as presented is consistent with the intent and purpose of the Eagle Comprehensive Plan and Eagle City Codes. Granting of the application will not violate the Idaho Code nor nullify the interest or purposes of the Eagle City Code or Eagle Comprehensive Plan, RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the City Council grants the application for a Conditional Use Permit be approved subject to the following conditions: 1. The CUP be approved for 2 years to the end of the 97/98 school year at which time the portables will be removed. ADOPTED by the Eagle City Council of the City of Eagle, Idaho this ~lday of August, 1996. APPROVED: ....,.."'.~ST: ~~ OF E #"~, ..,,~ ~ "..".-...~Q".."':o, ~ (¡,," ". -- /\'~ .. . ,- , ~"-f" ':. ~ - - ;: . ,,'- -- ... . .. - .. - , ~~. . i ,~:~,.". """. "