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Findings - PZ - 2001 - CU-05-01 - Install 2-1,200 Sq Ft Mobile Offices At High School/574 N. Park Lane ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR) A CONDITIONAL USE PERMIT FOR TWO ) MOBILE OFFICES (PORTABLE CLASSROOMS) ) A T EAGLE HIGH SCHOOL FOR MERIDIAN ) JOINT SCHOOL DISTRICT NO.2) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-O5-0l The above-entitled conditional use application came before the Eagle Planning and Zoning Commission for their recommendation on June 18, 2001. The Eagle Planning and Zoning Commission 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 May 3, 2001. e. 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 June 2, 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 May 30, 2001. Requests for agencies' reviews were transmitted on May 4,2001 in accordance with the requirements of the Eagle City Code. D. illS TORY OF RELEVANT PREVIOUS ACTIONS: On August 22, 2000, the Eagle City Council approved a conditional use permit (CU-ll- 00) for the placement of two portable classrooms located at the Eagle High School site. On February 13,2001, the Eagle City Council approved a conditional use permit (CU-17- 00) for the placement of four portable classrooms (for a total of six portables) located at the Eagle High School site. E. COMPANION APPLICATIONS: None Page 1 of 11 K:\PLannll1g DeptlEagle Applications\CU\200IICU-O5-01 pzf.doc 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 (up to RT & R-E (Rural Transition Residential one dwelling unit per acre & Residential Estates) max.) South of site Residential One (up to A-R (Agricultural- Agricul tural/Resi den tial one dwelling unit per acre Residential) max.) East of site Residential One (up to RT (Rural Transition) Residential one dwelling unit per acre max.) West of site Residential One (up to RT & R-E (Rural Transition A gric ul tural/Res iden tial one dwelling unit per acre & Residential Estates) max.) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: Eagle High School is existing and currently has six portable classrooms at the site. 1. 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 (in addition to the six currently located on the site) are proposed to be used as temporary classrooms. Height and Number of Stories of Proposed Buildings: 14-feet, one story. Page 2 of 11 K:\Planning DeptlEagle AppLicationslCU\2001ICU-O5-01 pzf.doc K. L. 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. 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). M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. 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 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 proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: Page 3 ofll K:\Planning DeptlEagle Appocation.s\CU\2001ICU-O5-01 pzf.doc 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); e. 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. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. B. e. COMPREHENSIVE PLAN PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING TillS PROPOSAL: (None) ZONING ORDINANCE PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING TillS PROPOSAL: . Eagle City Code Section 8-2-3 requires City approval of a conditional use permit for the use of a mobile office/classroom. . Eagle City Code Section 8-2-3 (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. DISCUSSION: . On August 22, 2000, the City Council approved a conditional use permit for the placement of four portable classrooms at this same site, in addition to two existing portable classrooms. A time limit of three-years was placed on the existence of the portable classrooms at the school Page 4 of 11 K:\P1anning DeptlEagle ApplicationslCU\2001ICU-O5-01 pzf.doc site. To continually allow 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, as well as a limit on the maximum number of portables located on the site, under this permit with the expectation that newer permanent structures will be constructed to accommodate increased enrollment. . 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; e. 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 are to 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 Page 5 of 11 K:\P1anning DeptlEagle App1icatioosICU\2001ICU-O5-01 pzf.doc an interference with traffic on surrounding public thoroughfares as previously approved for the school site; 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. ST AFF 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 June 18, 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 one (1) individual concerned with the lack of septic and water connections to the portable classrooms; 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 voted 5 to 0 to recommend approval for 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 with the following site specific conditions of approval and standard conditions of approval with underlined text to be added by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. This conditional use shall expire three years from the (late of City Council approval. 2. A building permit is required prior to the installation of the mobile offices (portable classrooms). 3. All site lighting shall be brought into compliance with Eagle City Code prior to the issuance of any building/setting permits for the classrooms. STANDARD CONDITIONS OF APPROV AL: 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 Page 6 of 11 K:\Planniog DepllEagLe ApplicationslCU\200IICU-O5-0l pzf.doc 4. secured prior to issuance of building permit. 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 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 approving 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, whichever 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. Page 7 of 11 K:\Planning DeptlEagle ApplicationsICU\2001 ICU.O5-01 pzf.doc 10. 11. 12. The applicant shall pay applicable street light inspection fees prior to Certificate of 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 permits or Certificate of Occupancy, whichever occurs fIfst. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined 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 fIfe 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 permits or certificate of Occupancy, whichever occurs first. The proposed fIfe protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. b. c. d. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit. 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 permit. 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 permit. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit. 17. 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. Page 8 of 11 K:\P1anning DeptlEagle Application.sICU\2001\CU-O5-01 pzf.doc 18. 19. 20. 21. 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 approval. 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. 22. 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). 23. 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 May 3, 2001. 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 June 2, 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 May 30, 2001. Requests for agencies' reviews were transmitted on May 4,2001 in accordance with the requirements of the Eagle City Code. 3. The Planning and Zoning Commission 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; Page 9 of 11 K:\Planning DeptlEagle ApplicationslCU\2001ICU-O5-01 pzf.doc 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; e. 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. Page 10 of 11 K:\P1anning DeptlEagle ApplicationslCU\2001ICU-O5-O1 pzf.doc DATED this 2nd day of July 2001. NING COMMISSION LE I ". Page 11 of 11 K:\Planning DeptlEagle Appücations\CU\2001ICU-OS-OI pzf.doc