Findings - PZ - 1996 - CUP at 315 State St. - Update Existing Nonconforming Substation C3
CITY OF EAGLE
IN THE MATTER OF
IDAHO POWER
AN APPLICATION
FOR A CONDITIONAL
USE PERMIT
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On December 4, 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 for
the purpose of updating an existing, non-conforming public utility
sub station in an existing C3 zoning district. Susan Gray, Tish
Yerrington, Blaine Johnston and Thomas Prang, Idaho Power
representatives outlined this proj ect to the Commission. The
location of the property is 315 State street, 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. The only response to these notices
was: Central District Health: 11/22/95: ~We have no objection
to this proposal."
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 non-bearing
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 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
considered and might be applied as conditions.
should be
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.
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.
2.
Consult with Mr. Crawford, property owner to the east.
Additional screening in landscaping.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this 18th day of December, 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 for
approval regarding the Conditional Use Permit Application for the
purpose of updating an existing, non-conforming public utility sub
station in an existing C3 zoning district presented to and adopted
by the Eagle Planning and Zoning on December 18, 1995, are hereby
adopted by the Eagle City Council with the following condition:
1. The landscape portion of this application be sent back to the
Design Review Committee for final determination. This will not
return to Council.
DATED this
23rd
day of January, 1996
Approve: