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Findings - CC - 1995 - Rezone from R5 to C2 - Use For Storage Of Masonry Products/Parking For Eq CITY OF EAGLE IN THE MATI'ER OF CUSTOM MASONRY, STEVE AND LINDA HIATI', AND LONNIE CLARKSTON, APPLICATION FOR REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter having come before the City Council on January 10 and January 24, 1995, pursuant to public notice and hearing procedures set forth in Section 67 - 6509, Idaho Code, and there being present applicants Steve and Linda Hiatt representing Custom Masonry, Lonnie Clarkston, and Stanley Crow, counsel for applicants, who request an approval of a zone change for property owned by applicants. FINDINGS OP PACT Having given due consideration to the application and evidence presented, the City Council hereby makes the following findings of fact: 1. That the existing zoning of the property is RS and the change will rezone the property to C2. 2. That the existing land use in the area is presently commercial, residential, and agriculture. The property is bounded by State Street on the south, agricultural property to the west and north, and combined residential and commercial property to the east. Custom Masonry has operated a commercial business at the present location for eleven years under the mistaken assumption the use was a valid non-conforming use. The intended use of the property is for storage of masonry products, parking for equipment and trucks, and a business office for contracting and retail sales. That in 1993, the Hiatts acquired adjacent property at 964 West State Street for the purpose of additional storage, parking and turn-around space for their business. 3. That the records in this matter indicate the proper legal requirements for advertisement and notice of the public hearing Page 1 have been fulfilled as required by City Code and the laws of the State of Idaho. 4. That the Planning and Zoning Commission directed that a development agreement be negotiated by the applicant and the Zoning Administrator. Such an agreement was presented to the Planning and Zoning Commission. 5. That the Planning and Zoning Commission recommended to the City Council approval of the requested rezone subject to the terms and conditions in the Development Agreement. 6. That the City Council made certain modifications to the Development Agreement, changing the duration from five years to two years with a one-year option of an extension of time and removal of a requirement for berms. 7. That other persons in attendance presented testimony on the proposed rezone. Testimony was given by Cathy Horting and her attorney, Les Bock, in opposition to the proposed rezone, and by Ruth Shaw in favor of the proposed rezone. The Hortings opposed the rezone because of concern about noise and dust from the commercial activity. Other entities provided the following comments: Central District Health D~artment: operation and its impact to Dry Creek. DEQ must review business Ea2le Fire Department: No opposition. Eagle Sewer District: This property is within the District's Planning area and has been annexed. This area was part of the West Expansion Project in 1989 and was funded, in part, by an LID. A portion of the land identified on the map submitted to the District is owned by Fred Kunkler. Parcel S050833315260 does not have sewer service available across Dry Creek. If sewer service is required, it will be Mr. Hiatt's responsibility to extend the line and secure any necessary stream crossing permits. Approval would be necessary from the District. Written Comments: Petition signed by 16 residents objecting to the dust, sand and stacks of bricks, also expressing objections to the trucks and large equipment in the residential area causing dust and noise. Also opposed; Cathy Horting, Boyd and Mary Young. Written comments in favor: Peggy Irving, Ray Means, Wayne and Jane Corsby, Inis CUpp, Sandi Lawson, Mary Ann Taylor, William Russell, R. Kent Miller, Lonnie Clarkston, Wayne Swanson, and Cal D. Low. Page 2 8. Eagle City Code Section 8-10-1-A states that development agreements are a discretionary tool to be used by the Council as a condition of rezoning. Development agreements allow a specific project with a specific use to be developed on property in an area that is not approved for all uses allowed or conditional in the requested zone. Section 8-10-1-D states: 1. The Council may require a development agreement be executed to allow a rezone if, in the opinion of the Council, approval of the requested rezone does not satisfy the requirements set forth in the Zoning Ordinance for rezone approval, but the particular project or use contemplated has a value to the community that would justify the use of a development agreement. A development agreement may not allow a use on the parcel that is not an allowed or coordinated use in the requested rezone. 2. Development agreements may be approved by the Council only after a public hearing. The public hearing shall follow the notice and hearing provisions of section 67-6509 of the Idaho Code. 3. The Council may add conditions, terms, duties or obligations to the development agreement. 9. That the rezone and Development Agreement are in accordance with the Comprehensive Plan and, due to the limited duration, allow for organized development of the community and maintenance of a development pattern and design in keeping with the rural transitional identity of Eagle. At the termination of the Development Agreement, the property will revert to an R5 zoning designation. . 10. That the use limitations and restrictions in the Development Agreement will adequately protect the use and enjoyment of nearby property owners. These limitations will reasonably limit noise and dust caused by the use of the property and the limited duration will not allow long-term development of the property as a commercial site. 11. That the use of the property acquired in 1993 will be limited to storage of no more than ten vehicles at anyone time and to store masonry products on not more than fifty percent of the area of the portion of the property. Page 3 12. That the requested rezone does not satisfy the zoning ordinance requirements as general commercial use may adversely impact nearby residential properties. That this particular use has been an ongoing business in the City of Eagle for eleven years and provides valuable commerce to the City, justifying the use of a development agreement to allow for an orderly transition from an existing commercial use to residential. CONCLUSIONS OF LAW Based upon the foregoing findings, the Council concludes as follows: 1. That the proposed zone and Development Agreement are 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. The terms of the Development Agreement will sufficiently limit adverse impacts such as noise and dust so as to not conflict with the use of surrounding properties. 2. That the commercial use of the property is in accordance with the Comprehensive Plan considering the commercial use of the property for the past eleven years. 3. That the Development Agreement will provide the applicant sufficient time in which to discontinue the current use of the property while protecting the nearby property owners from adverse impacts caused by commercial use of the property. ORDER The City Council, pursuant to the aforementioned, orders that the application of Custom Masonry, Steve and Linda Hiatt, and Lonnie Clarkston for a rezone from RS to C2 as described in the petition, should be approved subject to the execution and recording of a development agreement consistent with this Order. c~~ Steve Gueroer, Mayor ~~ - Page 4