Findings - PZ - 1994 - CUP - Reduce Existing Perimeter Bufer From 30' To 10'
CITY OF EAGLE
IN THE MATTER OF
RAY DOWDING, JR. (IDAHO SAND AND
AN APPLICATION
FOR A
CONDITIONAL USE PERMIT
)
GRAVEL) )
)
)
)
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On July 18, 1994, 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, Ray Dowding Jr. (Idaho Sand and Gravel) the
applicant, came before the Eagle Planning and Zoning Commission for
the City of Eagle, Idaho, requesting approval of a conditional use
permit, amending the orininal CUP to reduce the existing perimeter
buffer from 30 feet, granted in 1991.to 10 feet. The location of
the property is Highway 55 and Hill Road, Eagle, Idaho. The
current land use designation is M2 (Heavy Manufacturing District)
the current Conditional Use Permit details the limits of the gravel
extraction operation.
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., Idaho
Power, and Ada Highway District.
RESPONSES RECEIVED FROM
ENTITIES:
EAGLE WATER CO.: None
EAGLE SEWER DIST. The area is within the Sewer District
boundaries, but there are no lines or plans for lines in this area.
ITD: Right of way has not been acquired from Mr.Dowding for the
proposed realignment of Highway 55. They recommend denial of the
Conditional Use Permit until they have secured their right of way.
See letter received 7/11/94.
In a separate letter from ITD, Gary Moles pointed out that it would
be impossible to operate the large equipment necessary in only 10'
of space and it would be unacceptable to ITD for the large
equipment to encroach into their right of way 7/13/94.
2.
On July 18, 1994, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Testimony was given in
opposition to the proposed Conditional Use Permit. Concerns
included violations of conditions already placed by the City, dust
problems, and lack of safety fencing.
3.
The location of the property is Highway 55 and Hill Road.
4. The standards used in evaluating the application are in the
following sections of the Eagle City Code:
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
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 Sites
following:
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.
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
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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.
CONCLUSIONS OF LAW
1. granting of a Conditional Use Permit for the purpose of
reducing the established perimeter buffer from the existing 30
feet to 10 feet would be in conflict with Eagle City Code 8-7-
3-2.I The General Standards for Conditional Uses. (I. Will
not result in the destruction, loss or damage of a natural,
scenic ore historic feature of major importance.)
2. the approval of the application will have adverse
impact on those property owners in the area;
3. the application submitted by Ray Dowding Jr. (Idaho Sand
and Gravel) for a Conditional Use Permit, anunending the
original CUP dated December 10, 1991, does not serve the
welfare of the general public and is not in the best interest
of the public.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Conunission reconunends to
the Council the application be denied based on the following:
1.
ECC 8-7-3-2.I The General Standards for Conditional Uses. (I.
Will not result in the destruction, loss or damage of a
natural, scenic or historic feature of major importance.
ADOPTED by the Eagle Planning and Zoning Conunission of the City of
Eagle, Idaho this -1- day of August, 1994.
C I EN
PLANNING AND
COMMISSION
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