Findings - CC - 1992 - CUP mini shopping cntr in C2 district - Kings Dept Store, Dba Pinewick Invest. Co.
CITY OF EAGLE
IN THE MATTER OF
KINGS DEPT STORE,DBA PINEWICK
INVEST. CO., AN APPLICATION
FOR A
CONDITIONAL USE PERMIT
)
)
)
)
)
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On October 27, 1992, 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, M.H. King and Tom King
applicants, came before the Eagle City Council for the City of
Eagle, Idaho, requesting approval of a conditional use permit to
set establish a mini shopping center in the City of Eagle in a C2
district.
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:
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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 for a special use permit with conditions. The Eagle
Water Company noted they will provide water & fire service
under its rules & regulations as provided for by the Idaho
PUC. The Division of Environmental Quality states they are
still not allowing any connections to Eagle Water Corp. This
project is in the Eagle Sewer District planning area and can
be served by the District.
The State of Idaho Transportation District requires two (2)
thirty ft commercial approaches to be constructed on State
Street, and completed by March 8,1993. The landscaping is to
be low growing shrubs less than 30" in height.
2.
The location of the property is NW of Eagle Post Office on W
State Street, Eagle, Idaho.
3.
There was controversy regarding the easement and access of
Eagle Glen Lane, a private road. The public was concerned
about excessive traffic, safety of school children on the road
and upgrading the condition of the road.
4.
On September 21, 1992, a public hearing was conducted by the
Eagle Planning and Zoning Commission. The recommendation of
Eagle Planning and Zoning Commission to the Council on the
proposal was to approve the CUP, conditioned on the following:
All conditions of approval of the City be met;
A written agreement regarding the easement on Eagle Glen
Rd. ;
That Eagle Glen Rd be brought up to ACHD standards with
curb, gutter and sidewalk;
An executed development agreement between the City and
developer;
approval of water from DEQ.
5.
The project adequately addresses the problems regarding road
impacts, sewer and design, assuming that access may be had
from Eagle Glen Ln, as represented by the developer. The
project is conditioned on obtaining approval of water, as be
dictated by DEQ and Central District Health.
6.
The standards used in evaluating the application are in the
following sections of the Eagle City Code:
8-2-1: Districts Established, Purposes and Restrictions:
C2 GENERAL BUSINESS DISTRICT: To permit the establishment of
areas for commercial uses allowed in other commercial zones
and commercial uses which are more intensive than those
permitted in other commercial zones, such as large equipment
sales, as well as light manufacturing in conjunction with
retail sales.
A shopping center is permitted only upon the issuance of a
conditional use permit.
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
J. Will not result in the destruction, loss or damage of a natural,
scenic or historic feature of major importance.
8-7-3-3
following:
Public 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
condi tions, bonds and safeguards in conformity with this
Title. Violations of such conditions, 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
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: Condi tions 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.
8-3-1: Performance Standards
Enclosed Trash Areas: All trash and lor garbage collection
areas for commercial, industrial and multi-family residential
uses shall be enclosed on at least three (3) sides by a solid
wall or fence of at least four feet (4) in height or within an
enclosed building or structure. Adequate vehicular access to
and from such area or areas for collection of trash and lor
garbage as determined by the Administrator shall be provided.
8-3-3(A): Visibility at intersections: On a corner lot in
any district, nothing shall be erected, placed, planted or
allowed to grow in such a manner as to materially impede
vision between a height of two and one half and ten ft (2 1/2
and 10 ft) above the center line grades of the intersecting
streets in the area bounded by the right-of-way lines of such
corner lots and a line joining points along said street right-
of-way lines twenty five feet(25ft) from the point of
intersection.
8-3-3-(D): Side and Rear Yards for Nonresidential Uses
Abutting Residential Districts: Nonresidential buildings or
uses shall not be located nor conducted closer than forty feet
(40ft) to any lot line of a residential district; except that
the minimum yard requirements may be reduced to fifty percent
(50%) of the requirement if acceptable landscaping or
screening approved by the Council is provided. Such screening
shall be a masonry or solid fence between four and eight ft.
(4 ft to 8 ft) in height, maintained in good condition and
free of all advertising or other signs. Landscaping provided
in lieu of such wall or fence shall consist of a strip of land
not less than twenty feet (20ft) in width planted with an
evergreen hèdge or dense planting of evergreen shrubs not less
than four feet (4ft) in height at the time of planting.
8-3-4 (A): Performance Requirements: No land or building in
any district shall be used or occupied in any manner creating
dangerous, injurious, noxious or otherwise objectionable
conditions which could adversely affect the surrounding areas
or adjoining premises; except, that any case permitted by this
Title may be undertaken and maintained if acceptable measures
and safeguards to reduce dangerous and objectionable
conditions to acceptable limits as established by the
following performance requirements:
1. Fire Hazards: Any activity involving the use or storage
of flammable or explosive materials shall be protected by
adequate firefighting and fire prevention equipment and by
such safety devices as are normally used in the handling of
any such material. Such hazards shall be kept removed from
adjacent activities to a distance which is compatible with the
potential danger involved as specified in the UFC and the
National Safety Foundation publications.
2. Radioactivity or Electrical Disturbance
3. Noise: Objectionable noise, as determined by the
administrator, which is due to volume, frequency or beat shall
be muffled or otherwise controlled.
4. Vibration: no vibration shall be permitted which
discernible without instruments on any adjoining lot
property.
is
or
5. Air Pollution
6. Glare
7. Erosion
8. Water pollution
8-3-5 (F): Bulk Storage of Flammable Liquids and Gasses Above
Ground and for Resale:
1. Will be located at least 500 Ft from a residential zone
2. Subject to the approval of the appropriate fire district
3. Will have suitable loading and unloading spaces and off
street parking facilities subject to the approval of the
appropriate fire dist.
8-4-3(A): Paving: The required number of parking and loading
spaces as set forth in Section 8-4-5 of this Chapter, together
with driveways, aisles and other circulation areas, shall be
improved with such material to provide a durable and dust-free
surface.
8-4-3 (B): 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.
8-4-3 (C): Access: Access driveways for parking areas or
loading spaces shall 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.
8-4-3 (D): Maintenance: The owner of 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.
8-4-4-2 Design and Maintenance
A. 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.
B. Access: Any parking area shall be designed in such a
manner that any vehicle entering the parking area from or onto
a public or private street shall be traveling in a forward
motion.
C. Stripping: All parking areas with a capacity over twelve
(12) vehicles shall be stripped with double lines (six inches
both sides of center) between stalls to facilitate the
movement into and out of the parking stalls
F. Off Street Parking Design and Dimension Tables
attached)
(see
5.
8-4-5:
Schedule of parking requirements:
Retail: 1 parking space for each 250 sq. ft. floor area
6.
Eagle Comprehensive Plan
Page 1: Purpose and Scope
( f) To encourage urban and urban-type
incorporated City limits of Eagle.
(h) To ensure that the development of land
physical characteristics of the land.
development within the
is commensurate with the
Page 8-9:Transportation
(8) Require new development to provide areas for pedestrian and
bicycle circulation where possible.
(12) Developers of property located adjacent to arterial highways
and State St., should be responsible for providing means for
internal traffic circulation and assuring access to adjacent
properties through the use of such devices as frontage or collector
roads, clustering of development activities, shared access,
setbacks for future rights-of-way, and provisions for turn bays,
turn lanes and curb cuts.
Page 11: Community Design
(3) The design of the Commercial zones shall conform to the design
review ordinance consisting largely of government commercial, and
community buildings.
(4) new.. . commercial shall meet minimum design standards as
specified by ordinance.
(10) Buffers shall be developed between conflicting types of land
use.
Page 14 (3): The development of businesses and professional
services within the City limits of Eagle shall be encouraged
commensurate with the needs of the community residents.
The Eagle City Council concludes that there is adequate evidence
showing that this development use at the proposed location
satisfies the general standards for approval of a conditional use
permit set forth in Title 8, of the Eagle City Code. Specifically,
that the use will be harmonious with and in accordance with the
general objectives of the Title 8. Further, is in accordance with
the general objectives of the Comprehensive Plan.
The granting of the application does not violate the Idaho Code and
nor nullify the interests or purposes of the Eagle City Code and
Eagle Comprehensive Plan.
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle City Council approves the application brought
before them by Pinewick Investment Co. dba Tom King and M.H.
King for the establishment of a Kings Mini Shopping Center,
retail stores in a C2 District as a Conditional Use Permit
with subject to the following conditions:
CONDITIONS OF APPROVAL
I. An executed agreement regarding the easement and access of
Eagle Glen Lane (a private road) be presented to the City. Eagle
Glen Lane must be brought up to ACHD standards with curb, gutter
and sidewalk
2. All permits from Central District Health, Division of
Environmental Quality, Eagle Sewer District & Eagle Fire District,
and Ada County Highway District regarding curb, gutter and
sidewalk, shall be secured prior to issuance of permits. Eagle
Fire Dist. is required to approve building plans on commercial
buildings.
3. Two (2) entrances/exits on State St. are required, and 3
entrances/exists are required on Eagle Glen Ln., one entrance will
be temporarily blocked
4.
All trash areas are to be enclosed
5. Shall meet all Design Review provisions regarding signs,
landscaping and exterior design. A detailed landscaping plan,
indicating the names of all planting material plus their size at
the time of planting, must be submitted for review prior to
issuance of a building permit. (8-2A-7.F) All landscaped areas
shall include an underground sprinkler system complete with timers.
6. The landscaping plan shall
Committee prior to construction.
be
approved by the Tree/Park
7. Parking area: shall be paved and shall be maintained in good
condition without holes and free of all dust, trash, weeds and
other debris. (8-4-3)
8. Lighting plan is required prior to issuance of any permit. A
lighting plan shall include the location, voltage and illumination.
Lighting is required in the parking area and shall be properly
illuminated to avoid accidents. Any lights used to illuminate the
parking lot shall be so arranged as to reflect the light away from
the adjoining property.
9. Access: Any parking area shall be designed in such a manner
that any vehicle leaving or entering the parking area from or onto
a public or private street shall be traveling in a forward motion.
10. Stripping: All parking areas with a capacity over twelve (12)
vehicles shall be stripped with double lines (six inches both sides
of center) between stalls to facilitate the movement into and out
of the parking stalls
11. Off Street Parking Design and Dimension Tables (see attached)
12. Ingress and egress shall be provided to the adjoining
properties, ie U.S. Post Office, an access on the east boundary,
and parking for post office patrons be established in that area N
of the post office within the Kings Dept Store parking lot.(ECP
Transportation #12)
13. The parking lot frontage along State St. shall include a
sidewalk the entire length of the parking lot along with the
landscaping.
14. Handicapped parking shall be clearly marked by a sign, centered
between 3 ft and 5 ft above the parking surface, at the head of the
parking space. The sign shall include the international symbol
accessibility and state RESERVED, or equivalent language. (UBC 1991
Appendix)
15. There shall be 6 handicapped parking spaces required for 151-
200 parking stalls. (UBC 1991-Appendix)
16.
One parking space for each 250 sq. ft of floor area required.
17. All entrances, exits and restrooms shall meet handicap code
requirements (UBC)
18. will have at least a six foot high sight obscuring fence along
the property lines that adjoin a residence (8-3-5.1-2), or a strip
of land not less than 20ft in width planted with dense planting
acceptable by the Tree/Parks Committee.
19. All landscaped areas abutting residential districts shall
remain free of all advertising or other signs.
20. All building plans must be approved by the Eagle Building
Inspector and the Eagle Fire Dist.
21.
A drainage plan must be submitted and approved by the Eagle
City Engineer prior to issuance of any permits.
ADOPTED by the Eagle
~ day of Novemb~r
APP~ .. ED: (--\, r)
" \) \
L~,.. '.. !,-._~ -;-,<N{")
M1¥ , V ,
CITY OF EAGLE
City Council
, 1992.
:¡:
'. "
-ERK