Findings - PZ - 1993 - CUP - Construct Middle School/130,000 Sq Ft/33 Acres/Ar
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 November 30, 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 Planning
and Zoning Commission for the City of Eagle, Idaho, requesting
approval of a conditional use permit to construct a middle school
in the City of Eagle. The project is designed to accommodate 1,000
to 1,100 students in approximately 130,000 SF of the building. The
site will include parking for 225 cars, a bus drop-off/fire truck
rd, 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
suþmitted 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. 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
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.
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 re 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,
19ndscaping 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.
2. On November 30, 1993, a public hearing was conducted by the
Eagle Planning and Zoning Commission. There was no public
testimony in opposition, but the public expressed concerns about
the traffic impact, irrigation and domestic water and safety of the
children.
3.
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 submitt the findings to the City for the
public hearing before the Commission and Council.
The standards used in evaluating the application, the sections of
the Eagle City Code, analysis and conditions of approval are
attached.
CONCLUSIONS OF LAW
1. 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
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.
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 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.
CHA KEN
PLANN I NG AND
COMMISSION
ADOPTED by the Eagle Planning and Zoning Commission,
Eagle Idaho this ~~day~~Øö~.:ë2.':.'~.~~' 1993.
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of the City of
HEARING DATE:
November 30, 1993
TO:
FROM:
Barbara Montgomery and Eagle Planning & Zoning Commission
Becky Bowcutt, Briggs Engineering, Inc.
APPLICANT:
Meridian Joint School District No.2
911 Meridian Street
Meridian, Idaho 83642
AGENT:
Lombard-Conrad Architects
1221 Shoreline Lane
Boise, Idaho 83702
REQUEST:
Applicant is requesting approval of a Conditional Use Permit
to construct a 130,000 square foot middle school.
SITE LOCATION: Approximately one-half mile west of Eagle Road on the north side
of Floating Feather Road (SW 1/4, SW 1/4, Section 5, TAN., R.1 E.)
SIZE:
33 +1- Acres
EXISTING ZONING: (AR) Agricultural/Residential
EXISTING LAND USE: Agricultural
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1.
Application accepted by City of Eagle: October 26, 1993
2.
Legal notice published: November 10, 1993.
Property owner notification mailed: November 10, 1993.
3.
Agency notification with comment solicitation mailed: November 10, 1993.
4.
Site:
Location: Approximately one-half mile west of Eagle Road on the north side
of Floating Feather Road.
Size:
33 +1- Acres
Characteristics:
The parcel slopes in a southwest direction.
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Use:
Agricultural land
Zone:
(AR) Agricultural/Residential
5.
Surroundina Land Use and Zonina:
North:
South:
East
West
Agricultural, zoned RT
Residential (Downing Downs Estates), zoned RT
Agricultural, zoned RT
Agricultural with one single-family dwelling, zoned AR
(Agricultural/Residential)
6.
Public Services:
Fire Protection:
Eagle Fire District
Water Service:
Water service can be provided by one of two methods, an
existing well which has a capacity of 4,000 g.p.m. or an
extension of the Eagle Water Company line west along
Floating Feather from Eagle Road.
Sewer Service:
An extension of Eagle Sewer District trunk line north from
Dawn Drive will be necessary. The line would run parallel
with Dry Creek and cross the Creek and run west to the
subject parcel. The subject property needs to be annexed
into Eagle Sewer District.
7.
Transportation:
Floating Feather Road: Substandard minor arterial
APPLICABLE SECTIONS OF THE EAGLE CODE:
1.
Section 8-2-3 requires conditional use approval for a school in a residential zone.
2.
Section 8-4 (OFF-STREET PARKING AND LOADING)
Compliance with the provisions of Section 8-4 (Off-Street Parking and Loading):
The proposed number of parking spaces exceeds the parking requirements under
Section 8-4-6 (Eagle City Code). The Parking Design and Dimensional Standards
of Section 8-4-4-2(F) are applicable. The proposed spaces are 9 x 20 which is in
conformance with the provisions. The width requirement of a driveway aisle is 25
feet. The site plan indicates a 24 foot aisle dimension. The site plan should be
modified to meet the requirement.
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8-4-2(A):
8-4-3:
8-4-4-1
8-4-4-2
920128-02
No building or structure shall be erected, substantially altered or its
use changed unless permanently maintained off-street parking and
loading spaces have been provided in accordance with the provisions
of this title.
Design and Maintenance
A. Paving: The required number of parking and loading spaces as
set forth in Section 8-4-5 of this chapter, together with driveways,
aisles and other circulation areas, shall be improved with such
material to provide a durable and dust-free surface.
B. Drainage: All parking and loading areas shall provide for proper
drainage of surface water to prevent the drainage of such water
onto adjacent properties or walkways.
C. Access: Access driveways for parking areas or loading spaces
shall be located in such a way that any vehicle entering or leaving
such area shall be dearly visible by a pedestrian or motorist
approaching the access or driveway from a public or private
street.
D. Maintenance: The owner of property used for parking and/or
loading shall maintain such area in good condition without holes
and free of all dust, trash and other debris.
Location of Parking Spaces
A(2) Parking spaces for commercial, industrial or institutional uses
shall be located not more than five hundred feet (500') from the
principal use.
B. No part of any parking area for more than ten (10) vehicles shall
be closer than twenty feet (20') to any dwelling unit, school,
hospital or other institution for human care located on an adjoining
lot, unless separated by an acceptably designed screen.
Design and Maintenance
A. Lighting: Any parking area which is intended to be used during
non-daylight hours shall be properly illuminated to avoid accidents.
Any lights used to illuminate a parking lot shall be so arranged as
to reflect the light away from the adjoining property.
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8--4-5
8-4-6
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C. Stripping: All parking areas with a capacity over twelve (12)
vehicles shall be stripped with double lines (six inches [6"] both
sides of center) between stalls to facilitate the movement into and
out of the parking stalls.
D. Screening and/or Landscaping: Whenever a parking area is
located in or adjacent to a residential district, it shall be effectively
screened on all sides which adjoin or face any property used for
residential purposes by an acceptably designed wall, fence or
planting screen. Such fence, wall or planting screen shall be not
less than four feet (4') nor more than six feet (6') in height and
shall be maintained in good condition. The space between such
fence, wall or planting screen and the lot line of the adjoining
premises in any residential district shall be landscaped with grass,
hardy shrubs or evergreen ground cover, and maintained in good
condition. In the event that terrain or other natural features are
such that the erection of such fence, wall or planting screen will
not serve the intended purpose, then no fence, wall or planting
screen and landscaping shall be required.
F. Off-street Parking Design and Dimension Tables:
A. Width of Parking Spaces
B. Length of Parking Space
C. Width of Driveway Aisle
9'
19'
25'
Schedule of Parking Requirements:
Schools (junior high schools) - 2 for each classroom and one for every
8 seats in auditorium or assembly halls.
Additional Loading Space Regulations And Requirements:
C. Size: The size of ?n off-f.treet !oeding sp~~e shan not be less
than the following, bi.-.;iusive of access platform and loading area:
Width:
Length:
Width:
12 feet
35 feet or 65 feet (See Subsection D)
15 feet
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Section 8-7-3
8-7-3-2
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D. Access:
1. Convenient access to loading spaces from streets or alleys
shall be provided. They shall not be less than twelve feet
(12') in width.
2. Design and location of entrances and exits for required off-
street loading area shall be subject to review of the
Administration.
CONomONAL USES:
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 existing 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 and
schools; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide
adequately any such service;
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;
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8-7-3-5
920128-02
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.
Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use
permit, 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 public facilities or services;
and
7. Requiring more restrictive standards than those generally
required in this Title.
E. Transfer of Permit: A conditional use permit is not transferrable
from one parcel of land to another.
F. Effect of Issuance on Other Conditional Uses: A conditional use
permit shall not be considered as establishing a binding precedent
to grant other conditional use permits.
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ANAL YSIS:
The Meridian Joint School District No.2 is requesting a Conditional Use Permit to
construct a Middle School Facility which includes a 130,000 square foot one- and two-
story building, 225 car parking area, four tennis courts, two football fields, four soccer
fields, three softball fields and one baseball field.
Staff analysis of the Conditional Use Standards of Section 8-7-3-2.
A.
B.
C.
The proposed use (middle school) is specified under Section 8-2-3 as a conditional
use.
The application is in compliance with the Comprehensive Plan of the City of Eagle.
The proposed use is compatible with existing residential development or future
residential development. The site design is consistent with other school facilities
in the Meridian School District. Additional landscaping (trees and shrubs) along
Floating Feather would be preferred for aesthetic reasons.
D.
The proposed middle school should not be hazardous or detrimental to existing or
future uses. The Commission should consider the testimony at the public hearing
to make a determination on this finding.
E.
Water service will be provided by one of two methods, a domestic well which has
a current capacity of 4,000 g.p.m. or an extension of Eagle Water Company
service west along Floating Feather Road from Eagle Road. Sewer service will
be provided by Eagle Sewer District with a northerly extension from Dawn Drive
which will run parallel with Dry Creek and extend to the subject site.
Floating Feather Road is currently a substandard minor arterial. Ada County
Highway District will determine the necessary improvements. The architect has
indicated that ACHD will require 45 feet from centerline of Floating Feather for
right-of-way. This will require some adjustments to the site plan. He indicated a
shift of the building to the north will be necessary. Construction of sidewalks along
Floating Feather and additional pavement widening is also required by ACHD.
F.
The Commission should consider the above information concerning public services
when evaluating Section 8-7-3-2(F). The proposed use should not be detrimental
to the economic welfare of the community.
G.
The proposed use should not create adverse effects from its operation. Additional
traffic will be created. However, a middle school does not generate amounts
which could be classified as excessive.
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H.
The Commission should consider the comments of Ada County Highway District
when evaluating Section 8-7-3-2(H).
I.
The proposed use will not disrupt or damage a scenic, natural or historic feature.
The subject parcel is currently in agricultural use.
The Commission has the authority to attach necessary conditions of approval
under Section 8-7-3-5 of the Eagle Zoning Ordinance.
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The Commission should consider the testimony, agency comments and evidence
submitted when considering this application.
~QE.~:
1.
This approval shall become null and void if substantial construction has not
occurred within one year of the Commission's/Council's action unless a time
extension is approved.
2.
Written approval from the following agencies shall be submitted to the Eagle
Planning and Zoning Department prior to issuance of any permits. These
approvals may be either on agency letterhead referring to the specific plan or may
be written/stamped onto the plan.
a. Eagle Fire District
b. Ada County Highway District
c. Idaho Department of Environmental Quality
d. Central District Health Department
e. Eagle City Engineer
f. Department of Water Resources
g. Farmer's Union Ditch Co.
3.
A conditional use permit must be obtained prior to issuance of a building permit.
4.
Compliance with requirements of the Uniform Building Code as applied by the City
of Eagle and the Idaho Department of Labor and Industrial Services prior to
issuance of a final occupancy permit.
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5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
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All parking areas and driveways shall be paved, striped and approved with
substantial wheel restraints around landscaped areas, and shall be in accordance
with Section 8-4-4-2(C) and 8-4-4-2(0) of the Eagle Zoning Ordinance. Standard
parking requirements created by land uses in this site shall be accommodated on
site with no parking in public rights-of-way.
Before outside lighting is allowed, a detailed lighting plan must be submitted to and
approved by the Eagle Planning & Zoning Administrator. Lighting plan shall
include location of fixtures, size and type of fixture (blueprint or colored pictures)
and photometric data. All exterior lights must be shielded and shall not reflect onto
adjacent property or streets.
Compliance with the design and dimensional standards of the Residential Zone
Section.
Sidewalk ramps shall be provided for the handicapped per U.B.C. and AD.A
where required.
Install service utilities to comply with the requirements of the public utility providing
services. All public street improvements shall comply with Ada County Highway
District requirements.
Any work within Ada County Highway District right-of-way requires a permit. For
information regarding the requirements to obtain a permit, please contact Quality
Control at 345-7662.
Any construction on site shall not impede the flow of irrigation or drainage water.
Compliance with approved plans dated received October 26, 1993.
All new utilities shall be placed underground.
Any future expansion shall require a separate approval.
Submit a grading and drainage plan to the Eagle City Engineer for review.
Approval of the plan must be obtained prior to issuance of a building permit.
A letter of serviceability is required from the Eagle Sewer District and Eagle Water
Company (if the individual well concept is not utilized).
Submit a detailed landscaping plan for review by the Eagle City Landscaping
Review Committee. Approval must be obtained prior to the issuance of a building
permit.
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