Findings - CC - 1992 - Annexation/zoning C2/CUP - Motel Units, Office/Living Quarters/Mech Shop/Bar
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APPLICATIOif !'OR .AIOI8DTIOR
ZONING AND CONDITIONAL USE
PERMIT
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I'IRDIRGS 01' PACT
un CORCLUSIORS 01'
LAW
On March 9, 1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 8,
Eagle City Code, John and Edna Stoner, the applicants, came before
the Eagle City Council for the City of Eagle, Idaho, requesting
approval of annexation, C2 zoning and a conditional use permit for
motel units, office and living quarters, 2 car garage, mechanical
shop, a mobile home space, a convenience store, and cafe and bar.
The motel units, mobile home cafe and bar are presently established
on the premises. On April 26, 1990 Ada County Board of
Commissioners approved the site for utilizing existing facilities
to provide a dance hall, lounge and motel; and to construct new
facilities for a cafe, store and gas station with 10 conditions of
approval.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle City Council
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. The City was advised by said
entities that there was no objection to the applicant's
request. Central District Health and Eagle Sewer District
indicated they would have to evaluate the present system and
when the sewer becomes available will probably require hookup
to the system.
2.
On March 9, 1992, a public hearing was conducted by the Eagle
City Council. There was no objection to annexation, zoning or
use of the property.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
ANNEXATION
IDAHO STATE CODE:
50-222: ANNEXATION OF ADJACENT TERRITORY--In any annexation of
adjacent territory, the annexation shall include all potions of
highways lying wholly or partially within the annexed area.
67-6525: PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF
UNINCORPORATED AREA
67-6509: NOTICE PROCEDURES
1-10-2:
EAGLE CITY CODE:
ANNEXATIONS: Whenever any land lying contiguous or
adjacent to the City shall be or shall have been laid off
into blocks containing not more than 5 acres of land in
each when lawfully subdivided 0 platted or not; or
whenever any person has sold or begun to sell such
contiguous or adjacent lands in tracts not exceeding 5
acres; or whenever he owner or his agent on such
contiguous and adjacent lands hall request annexation in
writing to the Council, the City Council, by ordinance,
may declare the same, by proper legal description, a part
of the City; provided, that a showing must be made that
the area to be annexed can reasonably be used for orderly
development of the City and not connected to the City
only by a shoestring or strip of land upon a public
highway.
TITLE 8-Z0NING
8-7-6:
8-8-2:
8-2-1:
ZONING UPON ANNEXATION
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT
C2-GENERAL BUSINESS DISTRICT: to permit the
establishment of areas for commercial uses allowed in
other commercial zones and commercail uses which are more
intensive than those permitted in other commercial zones,
such as large equipment sales, as well as light
manufacturing in conjunction iwth retail sales.
8-2-3: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
MOTEL-permitted use in C2
OFFICE-(security-CUP), (professional-a permitted use).
LIVING QUARTERS AND GARAGE
MECHANICAL SHOP(Machine shop)-a permitted use in C2
MOBILE HOME-CUP
CONVENIENCE STORE-a permitted use in C2
CAFE (restaurant)-a permitted use in C2
BAR-CUP
IDAHO CODE Section 23-1010 LICENSE TO SELL BEER AT RETAIL -
APPLICATION PROCEDURE AND FORM - SHOWING OF ELIGIBILITY FOR LICENSE
AND DISQUALIFICATIONS and 23-1010A PROHIBITED ACTS - MISDEMEANORS-
REVOCATION
TITLE 8-2A: DESIGN REVIEW-all C2 districts are subject to design
review code.
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-
2.
3.
4.
5.
6.
Minimizing adverse impact on other development;
Controlling the sequence and timing of development;
Controlling the duration of development;
Assuring that development is maintained properly;
Designating the exact location and nature of development;
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.
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle City Council approves the application for
Annexation, Zoning (C2), and Conditional Use Permits, as
submitted, with the following conditions of approval:
CONDITIONS OF APPROVAL
1.
A REQUIREMENT OF A FENCE, WALL OR OTHER BUFFERS TO SEPARATE
COMMERCIAL FROM ADJACENT RESIDENTIAL USES. A BUFFER SHOULD
BE NO LESS THAN A 20FT BUFFER.
2.
SCREENING OF EXTERIOR STORAGE, STORAGE TANKS, ELECTRICAL
TRANSFORMERS AND REFUSE COLLECTION AREAS TO OBSCURE THE VIEW
FROM PUBLIC STREETS AND ADJACENT PROPERTIES.
3.
BULK STORAGE OF FLAMMABLE LIQUIDS AND GASES ABOVE GROUND AND
FOR RESALE
4.
5.
A. Will be located at least 500 ft. form a residential
zone, a residence, motel or hotel, except for an owners
residence; (Eagle City Code 8-3-5(F)
approval
of
the
B. Will be erected subject to the
appropriate fire district; and
C. Will have suitable loading and unloading spaces and
off street parking facilities subject to the approval of
the appropriate fire district.
paving: the required number of parking and loading spaces as
set forth in Section 8-4-5, together with driveways, aisles
and other circulation areas, shall be improved with such
material to provide a durable and dust free surface.
Drainage: All parking and loading areas shall provide for
proper drainage of surface water to prevent the drainage of
such water onto adjacent properties or walkways.
6.
Access: Access driveways for parking areas or loading spaces
hall be located in such a way that any vehicle entering or
leaving such area shall be clearly visible by a pedestrian or
motorist approaching the access or driveway from a public or
private street.
7 .
Maintenance: The owner of the property used for parking
and/or loading shall maintain such area in good condition
without holes and free of all dust, trash and other
debris. (Eagle City Code 8-4-3)
8.
Landscaping: All landscaped areas shall be provided with an
underground sprinkler system, with protective curbs. All
landscaped areas are to be maintained in a neat and orderly
manner. All weeds, cut or dead grasses and other dead
planting material are to be removed and replaced within the
planting season or next available planting season. All
landscaping included on the development plan will be required
to be planted and maintained.
9.
Lighting: Any parking area which is intended to be used
during nondaylight hours shall be properly illuminated to
avoid accidents. Any lights used to illuminate a parking lot
shall be so arranged as to reflect the light away from the
adjoining property. (Eagle City Code 8-4-4-2)
10.
Parking Requirements: (Eagle City Code
Commercial: (service garage)
8-4-5)
1 space for each 2
gasoline pumps and 2
for each service
bay.
1 space for each
sleeping room plus 1
for each 2 employees
Motel:
11.
12.
Restaurants, taverns
1 space for each 200
sq. ft. of floor
area
Compliance with all Design Review Standards (Eagle City Code
8-2A-1 )
A development plan shall be submitted to the Eagle City
Council showing the following details:
1. landscape plan showing fences and/or buffers
2. a six foot high sight obscuring fence on the north side of
the property
3. a parking lot design (including handicapped parking),
upgrade of building design
13. A time schedule submitted to Council and number of phases to
completed with a 2 year limitation, unless an extension of time
is granted by Eagle City Council.
ADOPTED by the Eagle City Council of the City of
24 day of March, 1992.
~9fZ~
MAYOR STEVE GUERB
EAGLE, IDAHO
14.
15.
16.
Written approval of the final development plan from Idaho
Transportation Dept., Eagle City Engineer (drainage), Central
District Health Dept., and Eagle Fire Dept.
Sidewalk ramps shall be provided for the handicapped.
All conditions must be complied with, in the event conditions
cannot be met within a 2 year period a bond will be required
to in the amount of 120% of the value of the conditions to be
completed. Upon acceptance of the bond, the City of Eagle may
issue a Temporary Occupancy Permit.
Eagle, Idaho this
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