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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 ) ) ) ) ) ) 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