Findings - CC - 2000 - CU-11-00 - (2) 1200' Mobile Offices, Portable Classrooms
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR TWO )
MOBILE OFFICES (PORTABLE CLASSROOMS) )
AT EAGLE mGH SCHOOL FOR MERIDIAN )
JOINT SCHOOL DISTRICT NO.2)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-ll-OO
The above-entitled conditional use application came before the Eagle City Council for their decision on
August 22, 2000. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Meridian Joint School District No.2, represented by Leatham-Krohn-Van Ocker
Architects, is requesting conditional use approval to install two 1,200 square foot mobile
offices (portable classroom buildings) at Eagle High School. The site is located on the
east side of Park Lane approximately 2,000-feet north of State Street at 574 North Park
Lane.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 29, 2000.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on July 7, 2000. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on July 7, 2000. Requests for agencies' reviews were transmitted on
June 30, 2000 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 4, 2000. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 4,
2000. Requests for agencies' reviews were transmitted on June 30, 2000 in accordance
with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: DR-41-00 (Design Review)
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi Public PS (Public/Semi Public) Eagle High School
Proposed No Change No Change Two portable classrooms
North ofsite Residential One RT & R-E (Rural Transition Residential
& Residential Estates)
South of site Residential One A-R (Agricultural- Agri c ul tural/Res i den tial
Residential)
East of site Residential One RT (Rural Transition) Residential
West of site Residential One RT & R-E (Rural Transition Agri c ul tural/Re si den tial
& Residential Estates)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS: Eagle High School is existing at the site.
I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 51.59-acres N/A
Percentage of Site Devoted to Building 10% N/A
Coverage
Percentage of Site Devoted to OVER 10% 10% (minimum)
Landscaping
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Two portable buildings are proposed to be used as temporary classrooms.
Height and Number of Stories of Proposed Buildings: 14-feet, one story.
Gross Floor Area of Proposed Buildings: 1,200-square feet (each).
On and Off-Site Circulation:
A 393,750-square foot (approx.) paved parking lot provides parking for vehicles using
this site. There are three existing driveways located on west side of this site, which
provide access to Park Lane.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire
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L.
M.
N.
Department have been received by the City. Water and sewer service approvals have not
been received to date. Approval of the water company having jurisdiction and Eagle
Sewer District will be required prior to issuance of a building permit.
PUBLIC USES PROPOSED: School (temporary classrooms).
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments, which appear to be of special concern, are noted below:
Central District Health
Division of Environmental Quality
Eagle Fire Department
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
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
(Eagle City Code Title 8) 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 (Eagle City Code Title 8);
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;
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D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities 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 are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature
of major importance.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A.
B.
C.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Eagle City Code Section 8-2-3 requires City approval of a conditional use permit for the use
of a mobile office/classroom.
DISCUSSION:
.
Staff has reviewed the particular facts and circumstances of this proposed conditional use and,
in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the PS zoning district since a school is a permitted use in
the PS zone and since the definition of a mobile office within Section 8-1-2
requires a conditional use permit;
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 (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan
and since the development will be required to meet conditions of a design review
application;
c.
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
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D.
vicinity and that such use will not change the essential character of the same area
since the development will be required to meet the City's design review
requirements;
Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is currently being used as a school (Eagle High School) and since the
facilities will be buffered from any residential uses;
E.
Will be served adequately by essential public facilities 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 as noted
is responses received by agencies providing the public services or as represented
by the applicant's architect.
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 since the high school has already been reviewed and approved;
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 are designed as not to
create an interference with traffic on surrounding public thoroughfares as
previously approved for the subdivision; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT:
Based upon the information provided to Staff to date, Staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the Staff
Report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July
24, 2000, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one;
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
no one (not including the applicant);
COMMISSION DECISION:
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The Commission voted 5 to 0 to recommend approval of the conditional use permit for
two 1,200 square foot mobile offices (portable classroom buildings) at Eagle High School for
Meridian Joint School District No.2.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 22, 2000, at which
time testimony was taken and the public hearing was closed. The City Council made their decision
at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one;
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including
the applicant);
COUNCIL DECISION:
The Council voted unanimously to grant the conditional use permit for two portable classrooms
for Eagle High School with the Staff recommended site specific and standard conditions of approval.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 29, 2000.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 7, 2000. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on July 7,2000. Requests for agencies' reviews were
transmitted on June 30, 2000 in accordance with the requirements of the Eagle City Code.
3. Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on August 4,
2000. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on August 4, 2000. Requests for agencies' reviews were transmitted on June
30, 2000 in accordance with the requirements of the Eagle City Code.
4. The Eagle City Council has reviewed the particular facts and circumstances of this proposed conditional
use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 for the PS zoning district since a school is a permitted use in the PS zone
and since the definition of a mobile office within Section 8-1-2 requires a conditional use
permit;
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 (Eagle City Code Title 8)
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since there are no inconsistencies with the Comprehensive Plan and since the
development will be required to meet conditions of a design review application;
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 since the
development will be required to meet the City's design review requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
area is currently being used as a school (Eagle High School) and since the facilities will
be buffered from any residential uses;
E. Will be served adequately by essential public facilities 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 as noted is responses received by
agencies providing the public services or as represented by the applicant's architect.
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 since the
high school has already been reviewed and approved;
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 are designed as not to create an
interference with traffic on surrounding public thoroughfares as previously approved for
the subdivision; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature
of major importance since none are apparent on this site.
DATED this 26th day of September, 2000.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Co , Ida 0
Rick Y
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