Findings - PZ - 1995 - Rezone/CUP - Rezone From Cbd To M2 To Update Substation
CITY OF EAGLE
IN THE MATTER OF
IDAHO POWER
AN APPLICATION
FOR A REZONE AND
CONDITIONAL USE PERMIT
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On October 16, 1995, 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, Idaho Power the applicant, came
before the Eagle Planning and Zoning Commission for the City of
Eagle, Idaho, requesting approval of a conditional use permit and
a rezone from CBD Central Business District to M2 Industrial for
the purpose of updating a public utility sub station, and upgrade
of a power line from 69kV to 138kV. Susan Gray, Tish Yerrington,
Blaine Johnston and Thomas Prang, Idaho Power representa ti ves
outlined this proj ect to the Commission. The location of the
property is: Rezone-substation 315 State Street, Eagle Idaho and
CUP-power lines along north side of State street from Glenwood to
downtown Eagle Substation and from the north channel of the Boise
River to Edgewood Lane (approximately), Eagle, Idaho.
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., ITD,
and Ada Highway District.
2.
There was no written or oral public testimony.
3. Eagle City Code and Comprehensive Plan as it pertains to this
application:
Section 6-6-1 through 6-6-9 UTILITY OPERATION FRANCHISES.
read this chapter.
Please
6-6-5: RIGHTS OF CITY: The grant of every franchise shall be
subject to the right of the City, whether reserved or not, to make
all regulations which shall be necessary to secure, in the most
ample manner, the safety, welfare and accommodations of the public,
including among other things, the right to pass ans enforce
ordinances to protect the public from danger and inconvenience in
the operation of any work or business authorized by the grant of
the franchise, and the right to make and enforce all such
regulations as shall be reasonably necessary to secure adequate,
sufficient and proper service and accommodations for the people and
ensure their comfort and convenience.
8-5-1 through 8-5-6 NONCONFORMING USES.
Please read this chapter.
8-5-3: Extension or enlargement of nonconforming use: Nonconforming
uses are declared by this Title to be incompatible with permitted
uses in the districts in which such use is located. A
nonconforming use shall not be extended or enlarged after the
effective date hereof by attachment of a building or premises of
additional signs intended to be seen from off the premises, of by
the addition of other uses of a nature which would be generally
prohibited in the district in which such use is located.
8-5-4: Repairs and Maintenance: On any nonconforming structure, of
portion of a structure containing a nonconforming use, work may be
done on ordinary repairs or on repair or replacement of nonbearing
walls, fixtures, wiring or plumbing, provided, that the cubic
content existing when it became nonconforming shall not be
increased. Nothing in the Section shall be deemed to prevent the
strengthening or restoring to a safe condition of any building or
part thereof declared to be unsafe by any official charged with
protecting the public safety upon order of such official.
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 b 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
following:
Sites
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.
ZONING DISTRICTS
8-2-1: Districts established
R Residential Districts: to provide regulations and
districts for various residential neighborhoods. Density
in an R District shall be determined according to the
numeral following the R. The number designates the
maximum number of dwelling units per acre. Centralized
water and sewer facilities are required in all districts
exceeding one dwelling unit per acre.
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
5. Occupancy
of permit
EAGLE COMPREHENSIVE PLAN
LAND USE: Residential uses- 1. The residential densities in the
City limits shall not exceed the land use designations as reflected
on the Land Use Designation Map, adopted with the 1993 Eagle
Comprehensive Plan on May 11, 1993.
COMMUNITY DESIGN: (#4) Floodways shall be reserved as a natural
state such as a greenbelt, wildlife habitat, open space
recreational area and for agricultural uses
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
development shall be required to meet minimum design standards as
specified by City ordinances.
COMMUNITY DESIGN:
Comply with the Eagle Tree Plan
CONCLUSIONS OF LAW
1. granting of a Rezone and a Conditional Use Permit, with the
recommended conditions, for the purpose of upgrading an Idaho
Power substation and upgrading the power lines leading into
that substation will not violate the Idaho State Codes, Eagle
City Codes or Eagle Comprehensive Plan.
2. the approval of the application will have no adverse
impact on those property owners in the area;
3. the application submitted by Idaho Power for a Conditional
Use Permit and Rezone serves the welfare and electrical power
needs of the general public and is 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 approved for a zoning of C3,
not the requested M2, with the following conditions:
1.
An additional CUP must be applied for,
substation.
No further expansion once they upgrade this location, the
next upgrade needed will require a different location.
Additional design review and landscape review will be
necessary. Additional screening against the fence on
State Street is required.
To grant the CUP for the lines only.
necessary to comply with Title 8.
for
the
2.
3.
4.
Addi tional CUP
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this~ day of October, 1995.
APPROVED:
ATTEST:
Bert Bradley, Chairman
Planning and Zoning Commission
Barbara Montgomery, City Clerk
City of Eagle
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation
regarding the Rezone presented for adopted by the Eagle Planning
and Zoning on October 30, 1995, are hereby adopted by the Eagle
City Council:
DATED THIS
12th day of December, 1995
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Steve Guerber, Mayor
City of Eagle