Loading...
Findings - CC - 1996 - CUP - Cup To Construct A New Fire Station .79 Acres R5 ".~' ..-. CITY OF EAGLE IN THE MATTER OF EAGLE FIRE DISTRICT AN APPLICATION FOR A CONDITIONAL USE PERMIT ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On February 5, 1996, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Eagle Fire Protection District, represented by Dan Friend, and Steve Christiansen, engineer for the applicant, came before the Planning and Zoning Commission for the City of Eagle, Idaho, requesting consideration for a Conditional Use Permit to construct a new fire station on .79 acres in an existing R5 zoning district. Based on the application, testimony from the applicant and all interested parties and, together with all documentary evidence submitted concerning the application, the Eagle City Council 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. 2. On December 20, 1995, Eagle Fire Protection District applied for a Conditional Use Permit on property located in the City of Eagle, on the north west corner of Floating Feather and Existing State Highway 55. 3. There was testimony in favor from Carl Wonacott. No testimony opposed and no written testimony was received. 4. RESPONSES RECEIVED FROM ENTITIES: Eagle Sewer District: 1/29/96, ~The property proposed for the new fire station is annexed into our District. The construction plans submitted for Phase 4 Echo Creek indicate sewer service would be available to the fire station from the north. There is no sewer service available to the project from Floating Feather Road. Eagle Sewer District is still investigating the options for a long-term solution to the disposal of our treated effluent water. ;""\, -- The District must stress that our capacity is limited, and sewer service remains on a first come, first served, basis. "--Lynne Sedlacek 5. Eagle City Code as it pertains to this application: OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT A. Uses allowable with conditions and subj ect 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. 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 f 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. CONCLUSION 1. granting of a Conditional Use Permit for the purpose of establishing a Fire Station on the applicant's property 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 Eagle Fire Protection District for a Conditional Use Permit serves the welfare 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 with the following conditions: 1. That they are required to go through Design Review and Landscaping approval. A letter of approval from the Sewer District. Install sidewalks along Floating Feather Road to the 2. 3. 6. existing SH55. Request of ITD for a traffic light installed at the new location of SH55 and Floating Feather Rd. A pathway from North Trail Creek Place to the interesection of Floating Feather be established in paving or concrete. If the developer of the subdivision does not comply with ACHD requirements for a sidewalk the fire district will be required to install a sidewalk. 4. 5. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho. This 26th day of February , 1996. 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 Conditional Use Permit application by Eagle Fire District, presented and adopted by the Eagle Planning and Zoning on February 26, 1996, are hereby adopted by the Eagle City Council with the conditions recommended by Planning and Zoning. DATED this 9th day of April, 1996 Approve: Attest: ., arbf~)f.O l~j¡ '1., Ci tYt!of /F(.f!gle.p <;,' ~:,'k'~ iiJ . ......~ ... . .. : ...... e ," , .'~ =: \'1". """""~';';'...'" .-1~':¡"""~~""'" '" I:","'~r.r, """-""--';'f, ~' (*ç,t. ,."- ,). . .~~ :':' "Co..n..,-""",~","1"", '",' " Vr .::0; ~\'.i':"'.':< þ i?' ~~ "~"""""'>~ ~.~,-'!..\~ ,~;;: ;;:..~). '~'."..~,,;~.'