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Findings - PZ - 1993 - CUP/REZONE - Rezone From R5 To C1/Mini Storage/3 Acres/200 Covered Units/ CITY OF EAGLE IN THE MATTER OF ) SWANSON MINI STORAGE AND REAL ) ESTATE OFFICE, AN APPLICATION) BY WAYNE SWANSON FOR A CUP AND ) REZONE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On April 18,1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8, Eagle City Code, Wayne Swanson, the applicant, came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting approval of a rezone from R5 (Residential) to Cl (Commercial - Neighborhood Business District), in order to permit a professional office, and a Conditional Use Application for the establishment of a Mini Storage Unit facility that incorporates outdoor storage facilities. The Mini Storage Facilities will consist of approximately 3 acres, 200 covered units and 30 parking spaces. The storage buildings to have approx. 20' of open space between them. The buildings are 20 ft x 320 ft. 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 the appropriate public and private entities and responses to the proposal received in the City Clerk's Office are as follows: CENTRAL DISTRICT HEALTH: Sewage disposal must be approved EAGLE FIRE DEPT: a Fire apparatus access roads shall comply with Art. 10-Div 11, 1991 UFC, this section covers width and turn-arounds. a Fire Flow requirements for buildings: The minimum fire-flow and flow duration requirements for one and two family dwellings having a fire area which does not exceed 3,600 sq ft shall be 1,000 gal per minute. Fire flow and flow duration for dwellings having a fire area in excess of 3,600 sq. ft shall not be less than that specified in Table No. A-II1-A-1. A reduction in required fire flow of 50%, as approved by the chief, is allowed when the building is provided with an approved automatic sprinkler system. a The fire-flow for buildings other than one and two family dwellings shall be not less than that specified in Table No. A-l11- A-I, 1991 UFC. a The average spacing between hydrants shall not exceed that listed on table A-III-B-l-, 1991 UFC a Need to know the construction type and size of buildings and separation and access road plans. EAGLE SEWER DIST: This property is within the District Planning Area. This was part of a LID and payback still has several annual assessment paYments owing. 3. 4. 5. 2. On April 18,1994, a public hearing was conducted by the Eagle Planning and Zoning Commission. The Planning and Zoning Commission heard testimony in opposition to the proposal. The concerns of the public included the impact on property values, that the neighborhood is predominantly residential and additional traffic the business might generate. There are 2 principle uses on this property. The fenced and enclosed storage area is permitted in an R zone with a conditional use permit, however, the second principle use, the Real Estate Office is not a permitted use in an R zone, therefore the applicant has chosen to apply for a rezone as well as a CUP. ECC 8-2-3. This application is for a special use and rezone only. The development of the property must have design review and landscaping approval. The applicant has appeared before the Landscaping Committee for landscaping approval on March 7, 1994. The Committee reviewed the landscaping portion of the plan and asked for trees on the church side of the property to screen a commercial development. The applicant agreed to do that. The Committee continued the discussion and has not reached a conclusion at this time. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan. 8-2-1: Districts established ZONING DISTRICTS Cl NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods. 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 of 5. Occupancy permit 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 be 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 J. 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 a 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, thoset 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. EAGLE COMPREHENSIVE PLAN LAND USE: Commercial uses- l. Suitable primarily for the development of light industrial and technical parks. As the industrial land use declines the area will be developed as residential. COMMUNITY DESIGN: (#3) Design of the Commercial Zones, consisting largely of government, commercial, manufacturing areas, and community buildings shall conform to City Ordinances. COMMUNITY DESIGN: (#7) New residential, commercial, and industrial development shall be required to meet minimum design standards as specified by City ordinances. 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 be implemented to time certain, or within a certain time frame. CONCLUSION Commission's Findings: In determining the acceptance of a proposed rezone, the Commission shall consider the objectives of this Title and at least the following: The conformance of the application with the Comprehensive Plan; the availability of public services to accommodate any future proposed development resulting from a rezone to a higher density and; the other health, safety and environmental problems that may be brought to the commission's attention. 1. The Commission concludes that there is not adequate evidence showing that this rezone at the proposed location satisfies the general standards and is appropriate for approval of a rezone set forth in Title 8-2-1, of the Eagle City Code. Specifically, Cl, a Neighborhood Business District tends to meet the daily needs of the residents of an immediate neighborhood. This business does not meet a daily need and is not harmonious with the essential character of the same area, as defined in Title 8-7-3-2.C of the Eagle City Code. The application submitted by Wayne Swanson for the rezone and conditional use permit is not in accordance with the Eagle Comprehensive Plan, specifically the purpose and scope to promote the health, safety and general welfare of the people of the community. This development does not provide for harmonious development. Furthermore, this project is in conflict with the generally residential character of the neighboring properties and would adversely impact the use of that property. 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 denied. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this 2 day of May - - .r 199.4,:,-"" ., , ""'"