Findings - PZ - 1991 - Conditional Use Permit - Cup For Mobile Home Park
CITY OF EAGLE
IN THE MATTER OF
BEAVER MOBILE HOME
PARK-APPLICATION
FOR CONDITIONAL USE
PERMIT
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
2.
On October 21, 1991, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, Rex
and Jolene Beaver, the applicants, came before the Eagle Planning
and Zoning Commission, for the City of Eagle, Idaho, requesting
consideration for conditional use permit for a mobile home park.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City 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 the
appropriate public and private entities with responses to
the proposal being received in the City Clerk's office from
those entities; including: U S West, Eagle Fire District,
Central District Health, and Ada County Highway District.
special concerns were received from the Eagle Water Company:
about not having a central water system, and Eagle Sewer
District: the area has been annexed into the district,
however, a service line was taken across Elliott St. to the
existing home on the property, which was a 4 inch line, not
adequate to serve an 8 unit mobile home park.
On October 21, 1991 public hearing proceedings were
conducted by the Eagle Planning and Zoning Commission,
testimony was received in opposition of the proposal. A
letter was introduced into record from Garry Carroll in
opposition to the project. The concerns of the public were
as follows; increase traffic, appearance of the area,
property values, water pressure problems and noise;
3.
The standards used in evaluating the application are in the
following sections of the Eagle City Code.
EAGLE COMPREHENSIVE PLAN:
Page 20 (3): All new subdivisions--with densities of more
than 3 single family dwelling units per five acres shall be
required to (A) be connected to a central sewer system
defined as a system that connects all units to a central
treatment plant in a subdivision and prohibits all septic
tanks. All sewer systems must meet Central District Health
standards and (B) a central water facility which is defined
as a water system approved by CDH and the Eagle City
Standards, and meets the requirements of fire protection
provided in the UFC.
EAGLE CITY CODE:
8-3-5-Mobile Home Park
1. Will be designed, constructed, operated and maintained so
as 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;
2. Will not be hazardous or detrimental to existing or
future neighboring uses;
3. Will be served adequately by essential public facilities
and services such as highways, streets, police and fire
protection, drainage, refuse or disposal and schools; or
that the persons or agencies responsible for the
establishment of the proposed park shall be able to provide
adequately any such service.
4. Will be consistent with the intent and purpose of this
title and the Comprehensive Plan;
5. Will have vehicular approaches to the property which
shall be so designed as not to create an interference with
traffic on surrounding public streets or roads;
6. will not result in the destruction, loss or damage of
natural, scenic or historic features of major importance;
7. will meet the minimum health standards as set forth by
the Idaho State Dept. of health and Welfare; and
8. will have a minimum total area for the mobile home park
of five (5) acres.
4.
The granting of a conditional use permit may nullify the
interest and purpose of the Eagle City Code, and the Eagle
Comprehensive Plan.
5.
Based upon the foregoing findings of facts the Eagle
Planning and Zoning Commission concludes that the
recommendation to Council is the application be denied based
on the conflict with the Eagle City Code and Eagle
Comprehensive Plan.
ADOPTED by the Eagle Planning and Zoning Commission of the City
of Eagle, Idaho.
This
4
day of
November
, 1991.
ATTEST:
BARBARA MONTGOMERY
CITY CLERK