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Findings - PZ - 1994 - Rezone - Rezone From Cbd To C3/To Establish An Equipment Rental Business CITY OF EAGLE IN THE MATTER OF TATES RENTS AN APPLICATION FOR A REZONE ) ) ) FINDINGS OF FACTS AND CONCLUSIONS OF LAW On February 28, 1994, Pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Eric and Clint Tate, the applicants, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting approval for a rezone from CBD (Central Business District) to C3 (Highway Business District). The rezone request is to enable the Tates Rents owners to establish an equipment rental business, light construction and landscaping equipment for contractors and homeowners. The location of the business is the west side of north Eagle Rd., 1 block north of State St. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle City Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. On February 28, 1994, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was presented by neighborhood property owners. There was no opposing testimony. 2. 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 the appropriate public and private entities with responses to the proposal being received in the City Clerk's office from those entities. Those responses received from the Eagle Water Co. and Eagle Sewer District were in favor of the project and can serve the business. 3. This site is bordered to the south by Circle K Store, the north and west by residential and east by the U.S. West facility. 4. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan. ZONING DISTRICTS 8-2-1: Districts established C-3: HIGHWAY BUSINESS DISTRICT: TO PERMIT THE ESTABLISHMENT OF AREAS FOR TRAVEL RELATED SERVICES AND RETAIL SALES. THIS DISTRICT IS SPECIFICALLY DESIGNED IN CLUSTERS TO SERVICE THE MOTORING PUBLIC ON MAJOR STREETS. 8-2-3: Schedule of District use Regulations: district regulations shall be as set forth in the Official Schedule of District Regulations and in the performance standards. 8-7-2: Zoning Permits and certificates of occupancy A. Zoning Permit 1. Application 2. Plan 3. Approval 4. Expiration 5. Occupancy of permit PERFORMANCE STANDARDS 8-3-2 (D): Enclosed Trash Areas: all trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least 3 sides by a solid wall or fence of at least 4 ft in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Administrator shall be provided. 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 is discernible without instruments on any adjoining lot or property. 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. (N): Outdoor Storage of Commercial and Industrial Materials: 1. Will be screened from view from any existing, adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street 2. Will not be located in any front yard setback area 8-4-1: OFF STREET PARKING AND LOADING 8-4-5: Schedule of parking requirements: 1 for each 300 sq. ft. of floor area. 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 D. Screening and/or Landscaping: Whenever a parking area is located in or adj acent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence or planting screen. such fence, wall or planting screen shall be not less than 4' nor more than 6' in height and shall be maintained in good conditions. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any " residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. EAGLE COMPREHENSIVE PLAN LAND USE: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. 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 CONCLUSION The Commission concludes that the application for rezone from CBD (Central Business District) to C3 ( for the establishment of a equipment rental business is consistent with the intent and purpose of the Idaho State Code, 1993 Eagle Comprehensive Plan and Eagle City Codes I specifically Title 8-2-1, establishing zoning districts. The zoning designation is in accordance with the Eagle Comprehensive Plan and serves the welfare of the general public, and is in the public interest. The proposed rezone for a rental business is appropriate and follows the orderly development of the City and protects the health, safety and welfare of the new 1993 comprehensive plan. Granting of the application will not violate the Idaho Code nor nullify the interests or purposes of the Eagle City Code or Eagle Comprehensive Plant with the conditions recommended by the Eagle Planning and Zoning Commission. RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW I the Eagle Planning and Zoning Commission recommends to the Council the application for a rezone be approved as presented subj ect to the conditions recommended by staff. Those conditions are as follows: CONDITIONS OF APPROVAL 1. Developer and/or owner shall comply with all requirements of Ada County Highway District. 2. All permits from Central District Health, Eagle Sewer Districtl water facilities & Eagle Fire Districtl shall be secured prior to issuance of permits. 3. A letter from the fire department is required stating "the developer and/or owner has made arrangements to comply with all requirements of the Fire Department" 4. AIl trash areas are to be enclosed (ECC 8-3-2.D) 5. Shal1 meet all Design Review provisions landscaping and exterior design 6. Parking area: shall be improved with such material to provide a durable and dust free surface, and shall be maintained in good condition without holes and free of all dust, trash and other debris. (8-4-3) regarding signs, 7. Parking area light pIan shall be submitted and approved as to the location, height and wattage by the City Engineer. all construction shall comply with the City specifications and standards. 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. 8. 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. 9. Handicapped parking shall be clearly marked with designated signs. 10. One parking space for each 300 sq. ft. of retail floor area required. Warehousing: 1 space for every 2 employees, plus 1 for each motor vehicle used in the business. There shall be one handicapped space to each 6 parking spaces. 11. All entrances, exits and restrooms shall meet handicap code requirements (UBC) 13. Will have at least a four foot high sight obscuring fence along the property lines that adjoin a residence. (8-3-5.I-2) 14. The City Parks Committee shall review and approve all landscaping applications required for the landscaped areas and planting areas, including trees and shrubs. The Committee shall oversee such development for planting and welfare of trees, shrubs and other vegetation on all commercial development. 15. Striping: all parking areas with a capacity over (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 areas. 16. All building plans must be in compliance with the Uniform Building Code (UBC) and approved by the Eagle Building Inspector prior to beginning of the project. 17. Any demolition of existing buildings on the property require a permit from the City of Eagle prior to demolition. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this -1-- day of March, 1994. CHA PLANNING ITY CLERK :. ;" ,: 't~ ... .. ,~ : ~';', ,I "-"" "",."",..,," , "