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.
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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.
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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
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