Findings - PZ - 2002 - CU-04-02 - Install 1-1,200 Sq Ft Mobile Office At Eagle Hills Elem/650 Ranch Drive
D.
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ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR ONE
MOBILE OFFICE (PORTABLE CLASSROOM)
FOR EAGLE HILLS ELEMENTARY SCHOOL
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-O4-02
The above-entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on July 1, 2002. 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 one 1,200 square foot mobile
office (portable classroom building) at Eagle Hills Elementary School. The site is located
on the north side of Ranch Drive approximately 1I2-mile east of Eagle Road at 650 Ranch
Drive.
B.
APPLICA TION SUBMITTAL:
The application for this item was received by the City of Eagle on May 16, 2002.
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 June 10,2002. 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 June 5, 2002. Requests for agencies' reviews were transmitted on May 17, 2002
in accordance with the requirements of the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 13, 1996, the Eagle City Council approved a conditional use permit (CU-96)
for the placement of two portable classrooms located at the Eagle Hills Elementary School
site, which were required to be (and have been) removed at the end of the 1997/1998
school year.
On July 17, 2001, the Eagle City Council approved a conditional use permit (CU-7-0l) for
the placement of one portable classroom at the Eagle Hills Elementary School site, with
the stipulation that the conditional use permit shall expire three years from the date of City
Council approval.
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E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Public/Semi Public PS (Public/Semi Public) Eagle Hills Elementary
School
Proposed No Change No Change One portable classroom
North of site Residential Four (up to R-4 (Residential) Residential Subdivision
four dwelling units per
acres max.)
South of site Residential Four (up to R-4 (Residential) Residential Subdivision
four dwelling units per
acres max.)
East of site Residential Four (up to R-4 (Residential) Residential Subdivision
four dwelling units per
acres max.)
West of site Residential Three (up to R-3 (Residential) Residential Subdivision
three dwelling units per
acres max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
Eagle Hills Elementary School and one portable classroom, with associated parking lot
and bus drop-off, exist on the site. Mature trees and shrubs, and sodded areas exist
throughout the site.
I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 19.96-acres N/A
Percentage of Site Devoted to Building 9% N/A
Coverage
Percentage of Site Devoted to 83% 10% (minimum)
Landscaping
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O.
P.
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J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One portable building is proposed to be used as a temporary classroom.
Height and Number of Stories of Proposed Buildings: 14-feet, one story
Gross Floor Area of Proposed Buildings: 1,200-square feet
On and Off-Site Circulation:
A 30,000-square foot (approx.) paved parking lot provides parking for vehicles using this
site. There is one existing driveway located on south side of this site, which provide
access to Ranch Drive.
K.
PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department and the Eagle Sewer
District have been received by the City.
L.
PUBLIC USES PROPOSED: School (temporary classroom).
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
The 2000 Eagle City Comprehensive Plan designates certain properties within the city
which either currently accommodate public uses such as schools and parks or are slated to
be acquired for such uses.
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
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
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
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Q.
R.
Eagle Sewer District
United Water
LETTERS FROM THE PUBLIC: None received to date.
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;
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 fIfe 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:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
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
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a mobile office/classroom.
Eagle City Code Section 8-7-3-5 (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.
.
c.
DISCUSSION:
Similar to past action by the City, consideration should be given to placing a time limit on the
conditional use permit for the portable classroom at the school site. While it is apparent that
the number of students at Eagle Hills Elementary has exceeded capacity, the use of a portable
building in lieu of constructing permanent facilities should not become a sustainable practice.
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 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:
.
D.
E.
---- ---I
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
vicinity and that such use will not change the essential character of the same area
since the portable classroom functions as an extension of the permanent school
structure;
Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is currently being used as a school (Eagle Hills Elementary School) and
since the facilities are to be buffered from any residential uses;
Will be served adequately by essential public facilities such as highways, streets,
police and fIfe 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.
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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 elementary school has previously 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 the school site
will continue to utilize the existing driveway previously approved for the site; 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.
STAFF RECOMMENDATION:
Based upon the information provided to staff to date, staff recommends 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 1,
2002, 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 (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom, Crook absent) to recommend approval for a conditional use
to install one 1,200 square foot mobile office (portable classroom building) at Eagle Hills
Elementary School with the following staff recommended site specific conditions of approval and
standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
This conditional use shall expire three years from the date of City Council approval.
2.
A building permit is required prior to the installation of the mobile office (portable classroom).
3.
Comply with all conditions of Design Review prior to the issuance of a certificate of occupancy.
4.
Comply with any conditions of the Eagle Fire Department, prior to the issuance of a certificate of
occupancy.
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8.
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 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 fIfSt. 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.
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 fIfSt 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
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13.
14.
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 fIfSt. 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 Occupancy.
10.
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.
11.
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.
12.
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 fIfe 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.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor 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.
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.
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20.
21.
22.
23.
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.
18.
Basements in the flood plain are prohibited.
19.
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.
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 May 16, 2002.
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 10, 2002. 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 June 5, 2002. Requests for agencies' reviews were
transmitted on May 17, 2002, in accordance with the requirements of the Eagle City Code.
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3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-04-02) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
conditional use permit is in accordance with the Eagle City Code because:
F.
G.
H.
I.
---~l
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
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 Hills Elementary 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 fIfe 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.
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 elementary school has already been reviewed and approved;
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;
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 school site; and
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.
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4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 15th day of July 2002.
---
ATTEST:
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