Findings - PZ - 1995 - CUP - Construct Small Club House/Basketball Court, Pool/Great Sky Subdivision Res
CITY OF EAGLE
IN THE MATTER OF
IFI PARTNERS II-JOHN EVANS
AN APPLICATION
FOR A
CONDITIONAL USE PERMIT
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On September 18, 1995, 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, John Evans, the applicant, came
before the Eagle Planning and Zoning Commission for the City of
Eagle, Idaho, requesting approval of a conditional use permit to
construct a small club house, basketball court and pool intended
for the use of Great Sky Subdivision residents. The location of the
property is Lot 2 Block 2 Great Sky #1; just north of State Street
on Great Sky Way, Eagle, Idaho. The land use designation is R4.
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., and
Ada Highway District.
2.
RESPONSES RECEIVED FROM
ENTITIES:
Eagle Water:
8/22/95, "Great"
Eagle Sewer District: 9/8/95, ~As you know, Eagle Sewer District is
closely monitoring the number of permits that we issue. There are
sewer service lines in Great Sky Estates Subdivision that could
serve this project, but whether or not we will be able to continue
to issue connection permits will depend on how rapidly our office
can settle our CUP dispute with Ada County."
Eagle Fire District: 9/5/95, no objection.
3. On September 18, 1995, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Public testimony was received
from Vickie Musick - in favor. No written testimony was received.
4. The location of the property is Lot 2 Block 2 Great Sky #1;
just north of State Street on Great Sky Way, Eagle, Idaho.
5. The standards used in evaluating the application are in the
following sections of the Eagle City Code:
EAGLE CITY CODE:
OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT
A. Uses allowable with conditions and subj ect 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 b 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
safeguards in conformity with this Title. Violations of such
conditions, bonds or safeguards, when made a part of the terms
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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.
CONCLUSIONS OF LAW
1. granting of a Conditional Use Permit for the purpose of
constructing a small club house, basketball court and pool
intended for the use of Great Sky Subdivision residents on the
applicant's property will not violate the Idaho State Codes,
Eagle City Codes or Eagle Comprehensive Plan.
2. the approval of the application will have no adverse
impact on those property owners in the area;
3. the application submitted by IFI Partners II-John Evans
for a Conditional Use Permit serves the wel fare of the
general public and is in the best interest of the
public.
RECOMMENDATION
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Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application be approved.
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and Zoning Commission of the City of
October 1995.
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