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Findings - PZ - 1994 - CUP - Cup To Amend The Original Cup Dated 12/10/91 CITY OF EAGLE IN THE MATTER OF RAY DOWDING, JR. (IDAHO SAND AND AN APPLICATION FOR A CONDITIONAL USE PERMIT ) GRAVEL) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On July 18, 1994, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8-7-3- 5, Eagle City Code, Ray Dowding Jr. (Idaho Sand and Gravel) the applicant, came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting approval of a conditional use permit, amending the orininal CUP to reduce the existing perimeter buffer from 30 feet, granted in 1991 to 10 feet. The location of the property is Highway 55 and Hill Road, Eagle, Idaho. The current land use designation is M2 (Heavy Manufacturing District) the current Conditional Use Permit details the limits of the gravel extraction operation. 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: 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 relevant public entities, including Central District Health, Eagle Sewer District, Eagle Water Co., Eagle Fire Dept., Idaho Power, and Ada Highway District. RESPONSES RECEIVED FROM ENTITIES: EAGLE WATER CO.: None EAGLE SEWER DIST. The area is within the Sewer District boundaries, but there are no lines or plans for lines in this area. ITD: Right of way has not been acquired from Mr.Dowding for the proposed realignment of Highway 55. They recommend denial of the Conditional Use Permit until they have secured their right of way. See letter received 7/11/94. In a separate letter from ITD, Gary Moles pointed out that it would be impossible to operate the large equipment necessary in only 10' of space and it would be unacceptable to ITD for the large equipment to encroach into their right of way 7/13/94. 2. On July 18, 1994, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was given in opposition to the proposed Conditional Use Permit. Concerns included violations of conditions already placed by the City, dust problems, and lack of safety fencing. 3. The location of the property is Highway 55 and Hill Road. 4. The standards used in evaluating the application are in the following sections of the Eagle City Code: 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 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 b 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 and 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. 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 3 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. CONCLUSIONS OF LAW 1. granting of a Conditional Use Permit for the purpose of reducing the established perimeter buffer from the existing 30 feet to 10 feet would be in conflict with Eagle City Code 8-7- 3-2.1 The General Standards for Conditional Uses. (I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.) 2. the approval of the application will have adverse impact on those property owners in the area; 3. the application submitted by Ray Dowding Jr. (Idaho Sand and Gravel) for a Conditional Use Permit, ammending the original CUP dated December 10, 1991, does not serve the welfare of the general public and is not in the best interest of the public. 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 based on the following: 1. ECC 8-7-3-2.1 The General Standards for Conditional Uses. (I. will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this -1- day of August, 1994. APPROVED: ATTEST: CHAIRMAN KEN SMITH PLANNING AND ZONING COMMISSION MARY BERENT, CITY PLANNER CITY OF EAGLE 4 THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding Ray Dowding Jr. application for a Conditional Use Permit before Eagle Planning and Zoning Commission on August 1, 1991, are hereby adopted by the Eagle City Council. DATED this 23 day of August, 1994. ~pr=ed: ~ ~~, ' Steve Guerber, Mayor City of Eagle Attest: Planner 5