Findings - PZ - 1983 - - Cup To Construct Sewer Plant
2q
CITY OF EAGLE, IDAHO
Applicant.
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In the Matter of
APPLICATION NO.
EAGLE SEWER DISTRICT,
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
FINDINGS OF FACT
l)
On or about February ll, 1983, the Eagle Sewer District
applied for a Conditional Use Permit in which it requested
that a parcel of property generally described as being in
Section l8, T.4N., R.lE., B.M., Ada County, Idaho and lying
North of the North Channel of the Boise River, be allowed
to be utilized for the construction and maintenance of a sewage
treatment facility.
The present designated use of the parcel
of property in question is agricultural, which under the official
schedule of district regulations of the Eagle City Zoning
Ordinance does not permit the construction and maintenance
of a sewage treatment facility within the designated zone.
Accordingly Eagle Sewer District was required to seek a Condi-
tional Use Permit pursuant to Article XI of Ordinance No.
40.
2)
On March l5, 1983, a hearing was held before the
Eagle City Planning and Zoning Commission to consider the
Sewer District's Conditional Use Permit Application.
The
Commission, following presentation by the Eagle Sewer District
and J-U-B Engineers, Inc. voted to approve the Conditional
FINDINGS - PAGE ONE
27
Use Permit Application.
On May 10,1983, the Eagle City Council
approved the Conditional Use Permit Application subject only
to the preparation of proposed Findings of Fact and Conclusions
of Law in accordance with S67-6535, Idaho Code.
3)
The use of the above described parcel of property
as a sewage treatment plant will, in fact, constitute a condi-
tional use as established on the official schedule of district
requlations for zoning district A (Agricultural).
4)
The proposed conditional use will be harmonious
with and in accordance with the general objectives of the
Eagle Comprehensive Plan and the Zoning Ordinance.
5)
The proposed use, a sewage treatment facility, 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 the proposed use will
not change the essential character of the surrounding geographic
area.
6)
The proposed use of the above described parcel of
real property will not be hazardous or disturbing to existing
or future neighboring uses.
7)
The Eagle Sewer District, as the agency responsible
for the real property and the sewage treatment facility to be
constructed thereon will be able to provide adequately for
any public services required of the facility.
8)
The proposed use will not create excessive additional
requirements at public cost for public facilities and services
FINDINGS - PAGE TWO
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and will not be detrimental to the economic welfare of the
community.
To the contrary the construction and maintenance
of the proposed sewage treatment facility will enhance the
potential for the growth of the City of Eagle.
9)
The potential use of the real property in question
will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any
person's property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
10)
The proposed use will have vehicular approaches
to the property which shall be so designed as not to create
an interference with traffic on surrounding public thoroughfares.
ll)
The proposed use of the real property in question
will not result in the destruction, loss or damage of a natural,
scenic or historic feature of major importance.
Based upon the foregoing Findings of Fact the Eagle City
Council at its May lO, 19B3, meeting voted to approve the
proposed Conditional Use Permit.
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The approval of this permit
is based upon the following:
CONCLUSIONS OF LAW
1)
The application of the Eagle Sewer District of February
ll, 1983 complies with the requirements for submission of
an application for a Conditional Use Permit as set forth in
Article XI of the Eagle City Zoning Ordinance.
2)
The proposed use as contemplated in the Conditional
Use Permit Application is in accordance with the Eagle Compre-
hensive Plan.
FINDINGS - PAGE THREE
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3)
The conditional use of the above described property
complies with those general standards applicable to all conditional
uses contained in Section C, Article XI of the Eagle City
Zoning Ordinance as more specifically set forth in the Findings
of Fact above.
4)
For the reasons previously stated it is appropriate
that a Conditional Use Permit be granted to the Eagle Sewer
District based upon those considerations contained in Section
A, Article XI of the Eagle City Zoning Ordinance relating
to Conditional Use Permits in general.
ADOPTED by the Council of the City of Eagle, Idaho, this
28th day of June, 1983.
APPROVED by the Mayor of the City of Eagle, Idaho, this
28th day of June, 1983.
ATTEST:
~~~,
City Clerk
FINDINGS - PAGE FOUR