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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. - 1 - 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. - 2 - 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 - 3 - 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. - 4 - 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. / - 5 -