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
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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
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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
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