Findings - PZ - 1994 - rezone R5 to C1 - Storage Unit200 Covered Units/30 Parking Spaces
CITY OF EAGLE
IN THE MATTER OF )
SWANSON MINI STORAGE AND REAL)
ESTATE OFFICE, AN APPLICATION}
BY WAYNE SWANSON FOR A CUP AND }
REZONE }
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On April 18, 1993, pursuant to public notice and hearing procedures
set forth in Section 67 - 6509, Idaho State Code, and Section 8,
Eagle City Code, Wayne Swanson, the applicant, came before the
Eagle Planning and Zoning Commission for the City of Eagle, Idaho,
requesting approval of a rezone from R5 (Residential) to C1
(Commercial - Neighborhood Business District), in order to permit
a professional office, and a Conditional Use Application for the
establishment of a Mini Storage Unit facility that incorporates
outdoor storage facilities. The Mini Storage Facilities will
consist of approximately 3 acres, 200 covered units and 30 parking
spaces. The storage buildings to have approx. 20' of open space
between them. The buildings are 20 ft x 320 ft.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and Zoning
Commission finds the following:
4
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to the
appropriate public and private entities and responses to the
proposal received in the City Clerk's Office are as follows:
CENTRAL DISTRICT HEALTH:
Sewage disposal must be approved
EAGLE FIRE DEPT:
C Fire apparatus access roads shall comply with Art. 10-Div 11,
1991 UFC, this section covers width and turn-arounds.
C Fire Flow requirements for buildings: The minimum fire-flow and
flow duration requirements for one and two family dwellings having
a fire area which does not exceed 3,600 sq ft shall be 1,000 gal
per minute. Fire flow and flow duration for dwellings having a
fire area in excess of 3,600 sq. ft shall not be less than that
specified in Table No. A-111-A-1. A reduction in required fire
flow of 50%, as approved by the chief, is allowed when the building
is provided with an approved automatic sprinkler system.
C The fire-flow for buildings other than one and two family
dwellings shall be not less than that specified in Table No. A-111-
A-1, 1991 UFC.
C The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-, 1991 UFC
C Need to know the construction type and size of buildings and
separation and access road plans.
EAGLE SEWER DIST: This property is within the District Planning
Area. This was part of a LID and payback still has several annual
assessment payments owing.
4.
5.
2.
On April 18,1994, a public hearing was conducted by the Eagle
Planning and Zoning Commission. The Planning and Zoning
Commission heard testimony in opposition to the proposal.
The concerns of the public included the impact on property
values, that the neighborhood is predominantly residential and
additional traffic the business might generate.
3.
There are 2 principle uses on this property. The fenced and
enclosed storage area is permitted in an R zone with a
conditional use permit, however, the second principle use, the
Real Estate Office is not a permitted use in an R zone,
therefore the applicant has chosen to apply for a rezone as
well as a CUP. ECC 8-2-3.
This application is for a special use and rezone only. The
development of the property must have design review and
landscaping approval. The applicant has appeared before the
Landscaping Committee for landscaping approval on March 7,
1994. The Committee reviewed the landscaping portion of the
plan and asked for trees on the church side of the property to
screen a commercial development. The applicant agreed to do
that. The Committee continued the discussion and has not
reached a conclusion at this time.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
8-2-1: Districts established
ZONING DISTRICTS
C1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the
establishment of convenience business uses which tend to
meet the daily needs of the residents of an immediate
neighborhood. Such districts are typically appropriate
for small shopping clusters or integrated shopping
centers located within residential neighborhoods.
8-2-3: Schedule of District Use Regulations: district regulations
shall be as set forth in the Official Schedule of District
Regulations and in the performance standards.
8-7-2:
Zoning Permits and certificates of occupancy
A. Zoning Permit
1. Application
2. Plan
3. Approval
4. Expiration of
5. Occupancy
permit
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 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;
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 existent or future
neighboring uses;
E. Will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water and sewer an 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 shall be so
designed as not to create an interference with traffic on
surrounding public thoroughfares; and
J. Will not result in the destruction, loss or damage of a natural,
scenic or historic feature of major importance.
8 - 7 -3 -3 Public Sites
following:
and open
spaces:
shall
conform to the
A. Public Uses
B. Natural Features
C. Special Developments
8-7-3-4: Supplementary conditions and safeguards: In granting a CUP
the Council may prescribe appropriate conditions, bonds and
safeguards in conformity with this Title. Violations of such
conditions, bonds or safeguards, when made a part of the terms
under which the CUP is granted, shall be deemed a violation of this
Title.
8-7-3-5: CONDITIONAL USE PERMITS
8-7-3-5-C-2:
Upon granting or denying a CUP specify:
a. the ordinance and standards used in evaluating
the application;
b. the reasons for approval or denial; and
c. the actions, if any, that the applicant could
take to obtain a permit.
8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions
may be attached to said permit including, but not limited to,
those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public
facilities or service; and
7. Requiring more restrictive standards than those generally
required in this Title
8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one
parcel to another. (D) A CUP shall not be considered as
establishing a binding precedent to grant other CUP.
EAGLE COMPREHENSIVE PLAN
LAND USE: Commercial uses- I. Suitable primarily for the
development of light industrial and technical parks. As the
industrial land use declines the area will be developed as
residential.
COMMUNITY DESIGN: (#3) Design of the Commercial Zones, consisting
largely of government, commercial, manufacturing areas, and
community buildings shall conform to City Ordinances.
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
development shall be required to meet minimum design standards as
specified by City ordinances.
OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT
A. Uses allowable with conditions and subject to ability of
political subdivisions to provide services.
B. Notice procedures apply (ISC 67-6509)
C. Can be tied to ability of political subdivisions to provide
services. Sequence, timing, duration, maintenance; can require
site-specific conditions.
D. May require that studies be conducted
E. Transferable from owner but not from parcel.
PRACTICAL POINTERS
The special use permit procedure allows a zoning ordinance to
address uses which are conditionally acceptable in the midst of a
land use zone. The special use procedure allows the application of
special conditions to development of uses which would allow them to
integrate suitably with their surroundings By including the
conditions which are susceptible to special use approval, a permit
applicant is put on notice of what design features should be
considered and might be applied as conditions.
Some of those considerations might be restrictions on lighting,
landscaping requirements, limits on building height or placement,
design considerations.
It may be appropriate to require applicants for a special use
permit to conduct special studies and to provide additional
analysis beyond that normally required of a permit applicant before
a permit can be favorably considered. Special use permits do not
create binding precedent are very site specific in that certain
uses can be integrated suitably into certain sites better than
others. Accordingly, special use permits are not transferable from
one site to another, but do continue from one owner to another.
Special use permits can be implemented to time certain, or within
a certain time frame.
CONCLUSION
Commission's Findings: In determining the acceptance of a proposed
rezone, the Commission shall consider the objectives of this Title
and at least the following: The conformance of the application
with the Comprehensive Plan; the availability of public services to
accommodate any future proposed development resulting from a rezone
to a higher density and; the other health, safety and environmental
problems that may be brought to the commission's attention.
1.
The Commission concludes that there is not adequate evidence
showing that this rezone at the proposed location satisfies
the general standards and is appropriate for approval of a
rezone set forth in Title 8-2-1, of the Eagle City Code.
Specifically, C1, a Neighborhood Business District tends to
meet the daily needs of the residents of an immediate
neighborhood. This business does not meet a daily need and is
not harmonious with the essential character of the same area,
as defined in Title 8-7-3-2.C of the Eagle City Code.
The application submitted by Wayne Swanson for the rezone and
conditional use permit is not in accordance with the Eagle
Comprehensive Plan, specifically the purpose and scope to
promote the health, safety and general welfare of the people
of the community. This development does not provide for
harmonious development. Furthermore, this project is in
conflict with the generally residential character of the
neighboring properties and would adversely impact the use of
that property.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application be denied.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this 2 day of May , 1994.
APPROVED:
ATTEST:
KEN SMITH
PLANNING AND ZONING CHAIRMAN
BARBARA MONTGOMERY, CITY CLERK
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding the application submitted by Wayne Swanson for a
Conditional Use Permit and Rezone adopted by the Eagle Planning and
Zoning on Mat 2, 1994, re hereby adopted by the Eagle City
Council:
DATED this
Jt/-
I
day of
, 1994
Approved:
~~
MAYOR STEVE GUERBER