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Findings - PZ - 1994 - Rezone - Rezone From R5 To C2 (2) 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, May 16, June 6, July 18 and November 7, 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, and Stanley Crow, attorney for the applicant, came before the 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 Sonning Commission finds the following: 1. 2. 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. On March 22, 1994, Custom Masonry applied for a rezone of property located in the City of Eagle. 3. The Planning and Zoning Commission heard this application on May 2, May 16, June 6, and July 18, 1994. On May 16, 1994 the Commission voted to recommended a rezone from R5 to C2 with a development agreement to be prepared jointly by the Planning and Zoning Staff and the Hiatts. The development agreement was to return to Planning and Zoning prior to this issue being placed before City Council. On July 18, 1994 the Commission heard testimony that the Planning and Zoning Staff and Mr. Hiatt were not able to come to an agreement and the Commission recommended the application be denied. 4. The existing business, Custom Masonry, was found to be 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. Eagle City Council History The Eagle City Council heard this application on August 23, September 27, and October 11, 1994. On September 27, 1994 the Council voted (two for the motion, two against) to deny the application as presented. As the vote was not a super majority, the Council accepted Planning and Zoning recommendation to deny. On October 11, 1994, the applicant presented testimony that the Planning and Zoning Commissioners' denial was based upon the lack of a development agreement. The applicant also stated that he would present a new development agreement which he believed the Planning and Zoning Commission would approve. The Council voted to reconsider the application. They then voted to remand the matter back to Planning and Zoning for consideration of a rezone request, in view of the newly proposed development agreement. 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. WRITTEN COMMENTS: petition signed by 16 residents objecting to the dust, sand and stacks of bricks, also expressing objections to the trucks and large equipment in the residential area causing dust and noise. Also opposed: Cathy Horting, Boyd and Mary Young. Written comments in favor: Peggy Irving, Ray Means, Wayne and Jane Crosby, Inis Cupp, Sani Lawson, Mary Ann Taylor, William Russell, R. Kent Miller, Lonnie Clarkston, Wayne Swanson, Cal D. Low. CONCLUSION 1. City Council heard testimony on the conflicting uses of surrounding property, and finds that rezone of the property should only occur such that the conflicting uses are minimized. These conflicting uses include noise, dust, and operation of equipment near a residential area. 2. The applicant presented a revised Development Agreement to the City Council and requested an opportunity to have the Planning and zoning Commission review the new development agreement to determine if it adequately addressed those concerns relative to conflicting uses. 3. The Planning and Zoning Commission found that the new development agreement, with modifications, does address the concerns relating to conflicting uses in the area. RECOMMENDATION Based upon the foregoing findings of facts, the Eagle Planning and Zoning Commission recommends that the application be approved with the development agreement with the following changes to the development agreement: 1. Section B1, Development Agreement Terms, Term of Agreement, have a 5 year expiration limit, with the opportunity to review at that time. 2. Section B2, Pathway Easement, be effective at the time the City of Eagle develops a pathway in that location. 3. Section B6, Sight and Sound Barrier, Mr. Hiatt will provide a berm and fence on the east side of the property providing flood plain permits required can be obtained. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho. This 21st day of November , 1994. Ken mith, Chai City of Eagle an " /1