Findings - CC - 2001 - CU-17-00 - 4 Mobile Offices (Protable Classrooms)
ORIGtNAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR FOUR
MOBILE OFFICES (PORTABLE CLASSROOMS)
AT EAGLE HIGH SCHOOL FOR MERIDIAN
JOINT SCHOOL DISTRICT NO.2
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-17-00
The above-entitled conditional use application came before the Eagle City Council for their
action on February 13, 2001. 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 four 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 November 9,
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 December 16, 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 December 13, 2000. Requests
for agencies' reviews were transmitted on November 13,2000 in accordance with
the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 22, 2000, the Eagle City Council approved a conditional use permit
(CU-11-00) for the placement of two portable classrooms located at the Eagle
High School site.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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 of site Residential One RT & R-E (Rural Residential
Transition & Residential
Estates)
South of site Residential One A-R (Agricultura1- Agri cuI tural/Re si d en ti a1
Residential)
East of site Residential One RT (Rural Transition) Residential
West of site Residential One RT & R-E (Rural Agri cuI tural/Resi den tial
Transition & 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 10% N/A
Building Coverage
Percentage of Site Devoted to OVER 10% 10% (minimum)
Landscaping
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Four 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).
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K.
L.
M.
N.
On and Off-Site Circulation:
A 393,750-square foot (approx.) paved parking lot proyides parking for vehicles
using this site. There are three existing driveways located on west side of this
site, which provide access to Park Lane.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle
Sewer District, and Eagle Fire Department have been received by the City.
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:
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
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
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proposed Conditional Use in terms of the following standards and shall find adequate
evidence showing that such use at the proposed location:
A.
B.
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 invo1yed;
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;
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.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
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.
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.
Eagle City Code Section 8-2-3 (F)
Effect Oflssuance On Other Conditional Uses: A conditional use permit shall not
be considered as establishing a binding precedent to grant other conditional use
permits.
c.
DISCUSSION:
Consideration should be given to placing a time limit on the existence of the portable
classrooms at the school site. To perpetuate the use of portable buildings in lieu of
constructing permanent facilities should not shadow the reality that the schools are
overcrowded. Therefore, in order to avoid an abundance of portables, a maximum
time limit should be placed on the length of stay allowed under this permit, with the
expectation that newer permanent structures will be constructed to accommodate
increased emollment.
.
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
approyal 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 objectiye 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 vicinity and that such use will not change the essential
character of the same area since the deye10pment 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 proyide
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F.
adequately any such services as noted is responses received by agencies
providing the public services or as represented by the applicant's architect.
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 WITHIN 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
January 2,2001, 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:
The Commission yoted 4 to 0 (Bloom absent) to recommend approval for the conditional
use permit for four 1,200 square foot mobile offices (portable classroom buildings) at
Eagle High School for Meridian Joint School District No.2 with the following site
specific conditions of approval and standard conditions of approval shown within their
Findings of Fact and Conclusions of Law Document dated January 16,2001.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on February 13,
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2001, at which time testimony was taken and the public hearing was closed. The Council
made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the Eagle City Council by no
one.
C. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one
(not including the applicant/representatiye).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-17-00 for a Conditional Use Permit to install
four 1,200-square foot mobile offices (portable classroom buildings at Eagle High
School) with the following Planning and Zoning Commission recommended site specific
conditions of approval and standard conditions of approval with text shown with strike-
thru to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions of Eagle Fire Department's letter dated November 28, 2000.
2. This conditional use shall expire three years from the date of City Council approval.
3. Eagle Fire Department reyiew and approval of the access to the portable classrooms is
required.
4. All site 1ightiRg shell be èro\:1gflt ime ee~lÜæee with Eagle City Cøde prior to the issuaflee
of IHTY è\:1ildiRg/settiRg f>erIRits for the elassroøß'ls.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District
and/or the Idaho Transportation Department, including but not limited to approval of the
drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the
highway district having jurisdiction shall be submitted to the City prior to issuance of any
building permits.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is
required prior issuance of any building permits.
3.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall
be secured prior to issuance of building permit.
4.
Written approval of all well water for any shared or commercial well shall be obtained
from the Idaho Department of Water Resources shall be submitted to the City prior to
issuance of any building permits.
5.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will
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be required to furnish the City Engineer with a letter from the sewer entity serving the
property, accepting the project for service, prior to issuance of any building permits.
6.
The applicant shall submit a letter from the appropriate drainage entity approying the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to issuance
of any building permits or Certificate of Occupancy, whicheyer occurs first. A copy of
the construction drawing(s) shall be submitted with the letter.
7.
The applicant shall submit plans and calculations prepared by a registered professional
engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.
Drainage system plans shall be submitted to the City Engineer for review and approval
prior to issuance of any building permits.
The plans shall show how swales, or drain piping, will be developed in the drainage
easements. The approved drainage system shall be constructed, or a performance bond
shall be submitted to the City Clerk, prior to issuance of any building permits. The lot
shall be so graded that all runoff runs either over the curb, or to the drainage easement,
and no runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy
permit is issued.
8.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, or other
irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a
manner that the flow of water will not be impeded or increased beyond carrying capacity
of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public
Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building
permits.
9.
Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer (if applicable) prior to issuance of any building permits or Certificate
of Occupancy, whichever occurs first. All construction shall comply with the City's
specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the
purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to issuance of any building permits.
The applicant shall pay applicable street light inspection fees prior to Certificate of
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10.
11.
12.
Occupancy.
Parking lot light plan shall be submitted and approved as to the location, height and
wattage by the City Engineer. All construction shall comply with the City's
specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid
accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect
the light away from the adjoining property.
The parking area shall be paved and shall be maintained in good condition without holes
and free of all dust, trash, weeds and other debris.
One set of building plans, for any non single-family residential use, shall be submitted to
the Eagle Fire Department for approval. An approval letter from the Eagle Fire
Department shall be submitted to the City prior to issuance of any building pennits or
Certificate of Occupancy, whichever occurs first. The letter shall include the following
comments and minimum requirements, and any other items of concern as may be
detennined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
The fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building pennits or
certificate of Occupancy, whichever occurs first.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building pennit.
b.
c.
d.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, pry Creek or
any other area designated by the City Councilor Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approyed in writing by the Eagle City
Pathway/Greenbelt Committee prior to issuance of a building pennit.
14.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
issuance of a building pennit.
15.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to issuance of a building
pennit.
16.
The applicant shall obtain written approyal of the development relative to the effects of
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17.
18.
19.
20.
21.
22.
23.
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance
of a building permit.
The applicant shall obtain approval of the development relative to its effects on wetlands
or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho
Department of Water Resources and/or any other agency having jurisdiction prior to
issuance of a building permit.
Basements in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all
applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes
unless specifically approved by the Commission and/or Council.
New plans, which incorporate any required changes, shall be submitted for staff approyal.
Staff may elect to take those plans to the Design Review Board and/or the Planning and
Zoning Commission for review and approval.
Any changes to the plans and specifications upon which this approval is based, other than
those required by the above conditions, will require submittal of an application for
modification and approval of that application prior to commencing any change. Any
change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest submits application to the City of Eagle for a change to the planned
use of the subject property.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the City
Council approval date).
The City's actions on the application does not grant the applicant any appropriation of
water or interference with existing water rights. The applicant indemnifies and holds the
City harmless for any and all water rights, claims in any way associated with this
application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 9,2000.
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 December 16, 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 December
13, 2000. Requests for agencies' reviews were transmitted on November 13, 2000 in
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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 January 29, 2001. 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 January 24,2001.
4. The City Council has reviewed the particular facts and circumstances of this proposed
conditional use and, in tenus 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 pennitted use in the
PS zone and since the definition of a mobile office within Section 8-1-2 requires a
conditional use pennit;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensiye 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
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 receiyed 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;
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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.
DATED this 6th day of March, 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada ty Idaho
ayor
ATTEST:
J~. ~\Z. ~('H)H
Sharon oore, Eagle City C1e k
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