Findings - PZ - 1994 - Rezone - Rezone From R5 To C2
CITY OF EAGLE
IN THE MATTER OF
CUSTOM MASONRY
STEVE AND LINDA HIATT AND
LONNIE CLARKSTON
AN APPLICATION
FOR A REZONE
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FINDINGS OF FACT
AND CONCLUSIONS OF LAW
On May 2, June 6, and July 18, 1994, pursuant to public notice and
hearing procedures set forth in Section 67-6509, Idaho State Code,
Custom Masonry, represented by Steve and Linda Hiatt and Lonnie
Clarkston, the applicant, came before the Eagle Planning and zoning
Commission for the City of Eagle, Idaho, requesting consideration
for a rezone from R5 to C2.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and Zoning
Commission 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, Meridian School District, Eagle Water
Co., Eagle Fire Dept., Idaho Power, and Ada County
Development.
2.
The existing business, Custom Masonry, is an illegal non-
conforming use. The business has been in the present location
for 11 years, but was established after the zoning regulations
were adopted in 1978. On May 16, 1994, the Commission
recommended a rezone from R5 to C2 with a Development
Agreement in force. The Applicant and the Commission were not
able to come to such an agreement.
3.
WRITTEN COMMENTS: petition signed by 8 residents obj ecting to
the dirt, sand and stacks of bricks, also expressing
objections to the trucks and large equipment in the
residential area causing dust and noise.
4.
There was testimony both for and against the proposed zone
change.
RESPONSES RECEIVED FROM
ENTITIES:
CENTRAL DISTRICT HEALTH:
its impact to dry creek.
DEQ must review business operation and
EAGLE FIRE DEPT:
no opposition.
EAGLE SEWER DIST: This property is within the District's Planning
Area and has been annexed. This areas was part of the West
Expansion Project in 1989 and was funded, in part, by an LID. A
portion of the land identified in the map submitted to the District
is owned by Fred Kunkler. Parcel SO508315260 does not have sewer
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.
EAGLE CITY CODE
NONCONFORMING USES:
8-5-1: Intent: It is the intent of this Chapter to permit
nonconforming uses to continue until they are removed, but not to
encourage their survival. It is further the intent of this Title
that nonconforming uses shall not be enlarged upon, expanded or
extended, nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same district
8-5-2: Authority to continue nonconforming use: if a lawful use
involving individual structures. or of a structure and land in
combination. exists at the effective date hereof that would not be
allowed in the district under the terms of this Title. the lawful
use may be continued so long as it remains otherwise lawful.
subject to the following provisions:
A. Additions or Alterations ---shall not be enlarged, extended,
constructed, reconstructed, moved or structurally altered except in
changing the use of the structure to a use permitted in the
district in which it is located.
B. Expansion:
land area
--shall not be extended to occupy any additional
C.. Change of Nonconforming Use
COMMERCIAL CONDITIONS OF APPROVAL
1.
AIl permits from Central District Health, Eagle Sewer District
& Eagle Fire District, shall be secured prior to issuance of
permits.
2.
Developer and/or owner shall comply with all requirements of
Ada County Highway District and/or the State of Idaho
Transportation Dept., including approval of the drainage plan,
for any expansion on SH44.
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".
Eagle Fire Department shal1 check off and approve all fire
hydrant locations and minimum flow per hydrant;
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of any future building
permit;
4.
If required, a parking lot light plan shall be submitted and
approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's
specifications and standards.
5.
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)
6.
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.
RECOMMENDATION
Based upon the foregoing findings of facts the Eagle Planning
and zoning Conunission reconunends that the application be
denied as the application is incompatable with the surrounding
property, zones and land uses, and does not conform to the
Eagle Comprehensive Plan Land Use Map in the area defined by
the application.
ADOPTED by the Eagle Planning and Zoning Conunission of the City of
Eagle, Idaho.
This
1
day of
, 1994.
August
- ~""
KEN , CHAIRMAN ..
EAGLE PLANNING AND ZONtNG
COMMISSION.
PLANNER