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Findings - PZ - 1995 - CUP - Establish Eagleacademy Alternative School/150 Students/C1 CITY OF EAGLE IN THE MATTER OF MERIDIAN SCHOOL DISTRICT #2 AN APPLICATION FOR A CONDITIONAL USE PERMIT FINDINGS OF FACT AND CONCLUSIONS OF LAW On November 6, 1995, 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 a school bus parking lot for 50 buses and establish an Eagle Academy Alternative School for about 150 high school aged students. The location of the property is North side of State Street, between Edgewood and Palmetto, the Bass property, Eagle, Idaho. The land use designation 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. RESPONSES RECEIVED FROM ENTITIES: ACHD: 10/13/95, State Highway 44 is under the jurisdiction of the Idaho Transportation Department. The developer should contact District III for any requirements they may have for subject project. ACHD will acquire jurisdiction of this portion of State street at the time of completion of the new Highway 55 bypass. Until then, ACHD reminds the City of Eagle to implement its policy for developments along State Street. The emergency access that takes access to Bogey Drive will be allowed as long as it is barricaded in some form such as the proposed gate. The Hill Road Corridor is proposed to pass along the north boundary of subject project and ACHD may be acquiring right-of-way (possibly up to 90-feet) along the northern portion of the site. The District requests that the developer be required to deposit $2,856.00 to the Public Right-Of-Way Trust Fund at the District for 336-feet of 5-foot wide sidewalk along the future alignment of Hill Road." ACHD: 10/31/95: after tech. review on 10/27/95, Site Specific Requirements: 1. Dedicate 39-feet of right-of-way for the extension of Hill Road abutting the parcel prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. Comply with requirements of ITD for State Highway 44 (State Street) frontage. Submit to the District a letter from ITD regarding said requirements prior to issuance of building permi t (or other required permits). Contact District I I I Traffic Engineer Gary Moles at 344-8340. Emergency vehicle access only is allowed from Bogey Drive. This access shall be physically blocked with a gate or other acceptable barrier. standard requirements, 21 items. 2. 3. 4. Eagle Fire Protection District: 10/23/95, 1. Street signs shall be up prior to building homes. 2. Fire apparatus access roads shall comply with Art. 10-Div 11, 1991 UFC, this section covers width and turn-arounds. 3. 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-111-A-1. 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. The fire-flow for buildings other than one and two family dwellings shall be not less than that specified in Table No. A-111-A-1, 1991 UFC. 4. The average spacing between hydrants shall not exceed that listed on table A-III-B-1-, 1991 UFC Eagle Water Co.: 10/20/95, ~Eagle Water Co. will provide water services to this proj ect as provided for by the Idaho Public utilities Commission" Central District Health: 10/26/95: . After written approval from 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 top create a mosquito breeding problem. Stormwater management criteria are recommended. . . . Eagle Sewer District: 10/30/95: ~The property proposed for the Academy and bus parking is within Eagle Sewer District's Planning Area and is annexed into the Districts' boundaries. There is a sewer line directly in front of the property that can serve the project. 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." 3. On November 6, 1995, a public hearing was conducted by the Eagle Planning and Zoning Commission. Public testimony was received from Jim Carberry: school representative outlined the project. Darrell Leatham: Architect for the applicant discussed emergency access for fire access, but will not incorporate it without the requirement. Ron Marshall: Realtor for the applicant addressed the zoning Testimony: Opposed Dolores Creed Farren Farnworth John Grimstead John Martin Dean Langley: in favor Damon Judy: opposed Mike Hidder Karen Hintz Calvin Wood: in favor A.K. Jackson Ted Martinez rep-spoke to bus questions. Written testimony was received from: Denis and Celia Callagher--opposed Steven & Becky Petersen--opposed otto Achenbach--opposed Lori & Craig Rowley--opposed Donald & Nancy Barton--opposed A petition with 170 names in opposition reading: ~We are concerned citizens of Eagle opposed to the Meridian School District constructing a school bus parking lot for 50 buses and an Eagle Academy school on the property located on the north side of State Street, between Edgewood and Palmetto. We urge you to deny the application for a Conditional Use Permit." 4. The location of the property is North side of State Street, between Edgewood and Palmetto, the Bass property, Eagle, Idaho. 5. The standards used in evaluating the application are in the following sections of the Eagle City Code: EAGLE CITY CODE: 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 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 of uses which would allow them to integrate suitably with their surroundings By including the conditions which are 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, landscaping 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 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 b implemented to time certain, or within a certain time frame. 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 residentlal neighborhoods. 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 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. 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. 5 8-7-3-3 Public Sites following: 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. 6 CONCLUSIONS OF LAW Granting of a Conditional Use Permit to establish a school bus parking lot for 50 buses and establish an Eagle Academy Alternative School for about 150 high school aged students on the applicant's property is not compatible with the neighborhood and does not fit into the C1 zoning as defined in Eagle city Code. The granting of a Conditional Use Permit would not conform to Eagle City Code 8-7-3-2. 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. Planning and Zoning h day of N v r 7