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Findings - CC - 2003 - CU-3-03 - 2 Portable Classrooms @ Middle School ORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR TWO ADDITIONAL MOBILE OFFICES (pORTABLE CLASSROOMS) AT EAGLE MIDDLE SCHOOL FOR MERIDIAN JOINT SCHOOL DISTRICT NO.2 ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-3-03 The above-entitled conditional use permit application came before the Eagle City Council for their action on July 8, 2003. 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: PROJECT SUMMARY: Meridian Joint School District No.2, represented by Hutchison-Smith Architects, is requesting conditional use approval to install two additional portable classroom buildings at Eagle Middle School. The site is located on the north side of West Floating Feather Road approximately 1/2-mile west of North Eagle Road at 1000 West Floating Feather Road. A. APPLICATION SUBMITI AL: The application for this item was received by the City of Eagle on April 15, 2003. B. 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 April 29, 2003. 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 April 24, 2003. Requests for agencies' reviews were transmitted on April 16, 2003, 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 June 10,2003. 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 11,2003. c. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 24,2001, the City Council approved a conditional use permit to install two 1,200- square foot mobile offices (portable classroom buildings) at Eagle Middle School. D. COMPANION APPLICATIONS: None Page 1 of 11 K;IPlanning Dept\Eagle ApplicationsICU\2003ICU-03-03 ccfdoc E. COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Public/Semi Public PS (Public/Semi Public) Eagle Middle School Proposed No Change No Change Two portable classrooms (in addition to two existing portables) North of site Residential Estates (up to R-E (Residential-Estates) Vacant one dwelling unit per two-acres max.) South of site Residential One (up to R-l (Residential) Residential Subdivision one dwelling unit per acre max.) East of site Residential Estates (up to RUT (Rural Transition - Pasture one dwelling unit per Ada County Designation) two-acres max.) West of site Residential Estates (up to R-E (Residential-Estates) ResidencelPasture one dwelling unit per two-acres max.) F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: Eagle Middle School exists at the site. I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 33.5-acres N/A Percentage of Site Devoted to Building 7% N/A Coverage Percentage of Site Devoted to 87% 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. Page 2 of 11 K:\Planning Dept\Eagle ApplicationslCU\2003ICU-O3-03 ccfdoc K. Gross Floor Area of Proposed Buildings: 1,200-square feet and 960-square feet. On and Off-Site Circulation: A 115,000-square foot (approx.) paved parking lot provides parking for vehicles using this site. There are two existing driveways located on south side of this site, which provide access to Floating Feather Road. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Sewer District, and Eagle Fire Department have been received by the City. L. 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 Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power 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 Page 3 of 11 K:\Planning Dept\Eagle Applications\CU\2003\CU-03-03 ocf.doc 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 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 I. 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. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 4 - Schools, Public Services and Utilities 4.3 Goals b. Support the enhancement of the public educational system with emphasis on promoting quality school systems. 4.4 Objectives b. To support school district efforts to provide school sites and facilities that accommodate student enrollment. Page 4 of 11 K\Platming Dept\Eagle Application.sICU\2003ICU-03-03 ccfdoc B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: c. . Eagle City Code Section 8-2-3 states in part that City approval of a conditional use permit is required 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 July 24, 200 I, the City Council approved a conditional use permit to install two 1,200- square foot mobile offices (portable classroom buildings) at Eagle Middle School. The proposed addition of two portable buildings to the already existing portables emphasizes that Eagle Middle School is currently over capacity, but the continual installation and use of portable buildings in lieu of constructing permanent facilities is not the most desirable measure to overcome the situation. Yet, a lack of adequate school space may be more detrimental in the long term with regard to educational instruction than permitting portable classrooms on a temporary basis. Therefore, consideration should be given to placing a time limit on the existence of the portable classrooms at the school site 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: . 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 Middle School) and since the Page 5 of 11 K:\Planning Dept\Eagle ApplicationsICU\2003ICU-03-03 ccfdoc 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 middle 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 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. 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 May 19, 2003, 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 one (I) individual (not including the applicant/representative) who stated the school has exceeded enrollment capacity since it opened, and that no classroom space would be gained if administrative offices were moved into the portables in-lieu of students. COMMISSION DECISION: The Commission voted 4 to 0 (Deckers absent) to recommend approval of CU-3-03 for a conditional use permit for two additional mobile offices (portable classroom buildings) at Eagle Middle School for Meridian Joint School District No.2, with the site specific conditions of approval and standard conditions of approval shown within their Findings of Fact and Conclusions of Law document, dated June 2,2003. Page 6 of 11 K:\Planning DeptlEagle Applications\CU\2003\CU-O3-03 ccfdoc PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on July 8, 2003, 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 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/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve CU-3-03 for a conditional use permit for two additional mobile offices (portable classroom buildings) at Eagle Middle School for Meridian Joint School District No.2, with the following Planning and Zoning Commission 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. Comply with all conditions ofDR-20-03. 3. A building permit is required prior to the installation of the mobile offices (portable classrooms). 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 first. A copy of the construction drawing(s) shall be submitted with the letter. Page 7 of 11 K:IPlanning DeptlEaglc Application.sICUI2003ICU-03-03 ccfdoc 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 (I) 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 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, Page 8 of11 K:\Planning DeptlEagle ApplicationsICU\2003ICU-03-03 ccfdoc 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 permits 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, 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 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 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 pennit. 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, Unifonn 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. 20. 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. 21. 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 Page 9 of 11 K:\Planning Dept\Eagle ApplicationsICU\2003ICU-03-O3 ccfdoc 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 April 15, 2003. 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 April 29, 2003. 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 April 24, 2003. Requests for agencies' reviews were transmitted on April 16, 2003, 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 June 10,2003. 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 11,2003. 3. The 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) 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; Page 10 of 11 K:IPlanning DeptlEagle ApplicationsICU\2003\CU-O3-03 ccfdoc D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is currently being used as a school (Eagle Middle 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 middle 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 since the site is utilizing existing driveway accesses and no additional driveways are proposed or approved with this application; 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 22nd day of July 2003. CITY COUNCIL OF THE CITY OF EAGLE Ad County, Idaho " 'lilli'", """" OF B-1 """ ", ...~--{ ....... 0.( '" ! (l ... .... ~ '~ ~ .. ~rOR-1')... ~ ... . 0 <~'" : Iv V'~:' ... . . .. : * : -.- : * : : . -" ... .. ....... SEAL ": : ~ ..... "'.'" .. .^ ..C'o ~ '. 0 ~ ~ v'-.., ..,~þ()~ þ.'t~... ¿.o,.: .: '. ...' ~,. ," "". .'..' """" ,.,' -.,.......,. Page 11 of 11 K:lPhuming DeptlEagle Applications\CU\2003\CU-O3-03 ccfdoc