Findings - PZ - 1995 - CUP - Temporary Nursery In Residential Zone
CITY OF EAGLE
IN THE MATTER OF
HOPKINS EVERGREENS
APPLICATION FOR
CONDITIONAL USE PERMIT
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
This matter having come before the Eagle Planning and zoning
Commission on June 5, 1995¡ pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho Code, and there
being present applicant Kendal Hopkins and Georgia Mackley
representing Mr. HoI;>kins and Hopkins Evergreens requesting an
approval of an appllcation for a Conditional Use Permit for a
temporary nursery in a residential zone.
FINDINGS OF FACT
Having given due consideration to the application and evidence
presented¡ the Eagle Planning and Zoning commission hereby makes
the following findings of fact:
1. That on June 5¡ 1995, a public meeting was conducted by
the Eagle Planning and Zoning Commission. The records in this
matter indicate all notices and publications occurred as required
by law for such hearing.
2. That the temporary nursery as proposed will be on Lot 32
block 7, phase 5 of Lexington Hills Subdivision, along the west
side of Seven Oaks Drive. The existing zoning of the subj ect
property is R4.
3. That the existing land use in the area is presently
residential. The property, requested the Conditional Use Permit is
a future school site and is within a platted residential
subdivision. Seven Oaks is a street with Collector status.
4. That the records reflect that in response to the notice
of the public hearing sent to relevant public entities. The City
was advised by said entities that subject to certain conditions
there was no objection to the zone change. The following comments
were received:
Central District Health: 5/22/95, If an office is constructed, it
shall be connected to the central sewer system.
Eagle Fire District: 5/22/95¡ no opposition to this application
and support its approval.
Eagle Sewer District: 5/19/95, This is within the sewer service
area, there are lines throughout Lexington Hills, but no service
line to this lot. If Hopkins plans on building, then a sewer
service line must be installed and a connection permit be
purchased. With these conditions met, no opposition to the CUP
request.
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5. That the applicant presented testimony and drawings
depicting the areas for plant storage¡ areas for playing fields to
be planted and maintained in grass ¡ and a small maintenance
buildin~. The drawings and exhibits presented by ap~licant are
hereby ~ncorporated by reference into these factual f~ndings, as
showing a representative example of a the proposal.
6. That testimony was presented by the following neighboring
property owners: test~mony was given by Virginia Brumpton with
concerns about the noise, increase in traffic, the commercial use
within a residential zone and possible effects on their property
value. Kim Gourley spoke representing the homeowners association
for Lexington Hills. He presented a sheet with signatures of
property owners within 300 feet of the proposal; 24 in favor and 3
opposed. Jim Ball, in favor.
7. That the standards used in evaluating the application are in
the following sections of the Eagle City Code and Comprehensive
Plan.
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
inte~rate suitably with their surroundings. By including the
cond~tions 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.
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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
safe$uards in conformity with this Title. Violations of such
condltions¡ 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
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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-C-2:
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:
Medium Density, Residential
Suitable primarily for single family residential development
within an urbanized setting. Appropriate residential densities are
4 dwelling units or fewer per gross acre.
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
development shall be required to meet minimum design standards as
specified by City ordinances.
COMMUNITY DESIGN:
Comply with the Eagle Tree Plan.
The Comprehensive Plan land use map identifies this area as
medium density residential which is suitable primarily for single
family residential development within an urbanized setting. That
the Comprehensive Plan also establishes the following policies and
goals: to preserve the rural transitional identity; to promote
compatibility between zoning districts; and to allow the
development of businesses and professional services within the City
in a manner that is commensurate with the needs of community
residents.
CONCLUSIONS OF LAW
Based upon the foregoing findings, the Planning and Zoning
Commission concludes as follows:
1. That the primary use of other property in the area is
residential. The use of this school site as a temporarr nursery
will not alter this use, and will visually enhance the slte.
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2. That the proposed Conditional Use Permit is in harmony
with the general purpose of the City's Comprehensive Plan and
ordinances and will not be otherwise detrimental to the public
health, safety and welfare. Conditions of approval will
sufficiently llmit adverse impacts so as not to conflict with the
use of surrounding properties.
3. That the Conditional Use Permit is in accordance with the
Comprehensive Plan for the foregoin$ reasons, allowing for
organized development of the communlty and maintenance of a
development pattern and design in keeping with the rural
transitional identity of Eagle.
RECOMMENDATION
Based upon the foregoing findings of facts and conclusions of
law, the Eagle Planning and Zoning Commission recommends that the
application be approved contingent upon the following conditions:
1.
2.
3.
4.
5.
6.
Renew CUP on an annual basis.
Hours for retail sale 9 a.m. - 5 p.m.
6 acres for nurser¥.
4 acres for ~ark slte/ball field.
No constructlon on site.
Restriction on signage and marketing.
With these conditions¡ the Conditional Use Permit as proposed in
the application is compatible with surrounding properties, zones
and land uses¡ and is in accordance with the Eagle Comprehensive
Plan.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho.
This 19st day of June, 1995.
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