Findings - CC - 1995 - CUP temp Nursery in Res zone - In Lexinton Hills Lot 32 Blk 7 Phase 5
CITY OF
NGS OF FACT AND
IN THE MATTER OF
HOPKINS EVERGREENS
APPLICATION FOR
CONDITIONAL USE PERMIT
C
This matter having come before the Eagle City Council on July 11,
1995, pursuant to public notice and hearing procedures set forth in
Section 67-6509, Idaho Code, and there bein$ present ap:plicant
Kendal Hopkins and Georgia Mackley representlng Mr. Hopklns and
Hopkins Evergreens requesting an approval of an avplication for a
Conditional Use Permit for a temporary nursery ln a residential
zone.
FINDINGS OF FACT
Having given due consideration to the application and evidence
presented, the Eagle City Council hereby makes the following
findings of fact:
1. That on July 11, 1995, a public meeting was conducted by
the Eagle City Council. The records in this matter indicate all
notices and publications occurred as required by law for such
hearing.
2. That the temporary nursery as proposed will be on Lot 32
block 7, phase 5 of Lexington Hills Subdivision, along the west
side of Seven Oaks Drive. The existing zoning of the subj ect
property is R4.
3. That the existing land use in the area is presently
residential. The property, requested the Conditional Use Permit is
a future school site and is within a platted residential
subdivision. Seven Oaks is a street with Collector status.
4. That the records reflect that in response to the notice
of the public hearing sent to relevant public entities, the City
was advised by said entities that subject to certain conditions
there was no objection to the zone change. The following comments
were received:
Central District Health: 5/22/95, If an office is constructed, it
shall be connected to the central sewer system.
Eagle Fire District: 5/22/95, no opposition to this application
and support its approval.
EaQ'le Sewer District: 5/19/95, This is within the sewer service
area, there are lines throughout Lexington Hills, but no service
line to this lot. If Hopkins plans on building, then a sewer
service line must be installed and a connection permit be
purchased. With these conditions met, no opposition to the CUP
request.
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5. Written testimony was received from Pete Cintorino in
opposition to the proposal.
6. That the applicant presented testimony and drawings
depicting the areas for plant storage, areas for playing fields to
be planted and maintained in ~rass, and a small maintenance
buildin~. The drawings and exhlbits presented by ap~licant are
hereby lncorporated by reference into these factual flndings, as
showing a representatlve example of a the proposal.
7. That testimony was presented by the following neighboring
property owners: testlmony was given by Mike Vance objecting to
the proposal as presented, he thinks they should be obligated to go
through design review process the same as any other business.
Pete Cintorino: objects
and be adequately zoned.
needs to go through proper procedures
Kendal Hopkins:
in favor
Louis DeWitt: in favor, presented a petition of property owners in
favor of the project.
Written Testimony:
Pete Cintorino, Eagle Nursery
8. That the standards used in evaluating the application are
in the following sections of the Eagle City Code and Comprehensive
Plan.
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
inte$rate suitably with their surroundings. By including the
condltions 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.
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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.
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
I. 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 and open spaces:
following:
shall
conform to the
A. Public Uses
B. Natural Features
C. Special Developments
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8-7-3-4: Supplementary conditions and safeguards: In granting and
CUP the Council may prescribe appropriate conditions, bonds and
safe~uards in conformity with this Title. Violations of such
condltions, 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
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. Desi$nating the exact location and nature of development;
6. Requlring 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-C-2:
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 COMPREHENS IVE PLAN
LAND USE:
Medium Density, Residential
Suitable primarily for single family residential development
within an urbanized setting. Appropriate residential densities are
4 dwelling units or fewer per gross acre.
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
develo~ment shall be required to meet minimum design standards as
specifled by City ordinances.
COMMUNITY DESIGN:
Comply with the Eagle Tree Plan.
The Comprehensive Plan land use map identifies this area as
medium density residential which is suitable primarily for single
family residential development within an urbanized setting. That
the Comprehensive Plan also establishes the following policies and
goals: to preserve the rural transitional identity; to promote
compatibility between zoning districts; and to allow the
development of businesses and professional services within the City
in a manner that is commensurate with the needs of community
residents.
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CONCLUSIONS OF LAW
Based upon the foregoing findings,
concludes as follows:
the Eagle City Council
That the primary use of other property in the area is
residential. The use of this school site as a temporary nursery
would not be in harmony with the surrounding residential land uses.
RECOMMENDATION
Based upon the foregoing findings of facts and conclusions of
law, the Eagle City Council recommends that the application be
denied.
ADOPTED by the City Council of the City of Eagle, Idaho.
This 25th day of July, 1995.
~~~
Steve Guer er, Mayor
City of Eagle
APPROVED:
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