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Findings - PZ - 1992 - CUP - Establish A Mini Shopping Center In C2 Zone CITY OF EAGLE IN THE MATTER OF KINGS DEPT STORE,DBA PINEWICK INVEST. CO., AN APPLICATION FOR A CONDITIONAL USE PERMIT ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On September 21, 1992, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8-7-3-5, Eagle City Code, M.H. King and Tom King applicants, came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting approval of a conditional use permit to set establish a mini shopping center in the City of Eagle in a C2 district. 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, Eagle Water Co., Eagle Fire Dept., Idaho Power, and Ada Highway District. The City was advised by said entities that there was no objection to the applicant' s request for a special use permit with conditions. The Eagle Water Company noted they will provide water & fire service under its rules & regulations as provided for by the Idaho PUC. The Division of Environmental Quality: DEQ states they are still not allowing any connections to Eagle Water Corp. 2. On September 21, 1992, a public hearing was conducted by the Eagle Planning and Zoning Commission. Opposi tion to the application was heard by the Commission regarding concerns of home owner rights to Eagle Glen Rd., a private road, with access, added traffic and improvement of the road, if the road is used commercially. Other concerns were safety of children in the area with the additional traffic generated by a shopping center and concerns regarding a water connection. 3. The location of the property is NW of Eagle Post Office on W State Street, Eagle, Idaho. 4. The project adequately addresses the problems regarding road impacts, sewer and design. The project is conditioned on obtaining approval of water, as be dictated by DEQ and Central District Health. 5. The standards used in evaluating the application are in the following sections of the Eagle City Code: 8-2-1: Districts Established, Purposes and Restrictions: C2 GENERAL BUSINESS DISTRICT: To permit the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones, such as large equipment sales, as well as light manufacturing in conjunction with retail sales. A shopping center is permitted only upon the issuance of a conditional use permit. 8-7-3-5: Conditional Use Permits 8-7-3-5-C-2: Upon granting or denying a CUP specify: a. the ordinance and standards used in evaluating the application; b. the reasons for approval or denial; and c. the actions, if any, that the applicant could take to obtain a permit. 8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or service; and 7. Requiring more restrictive standards than those generally required in this Title 8-7-3-S-E: TRANSFER OF PERMIT: A CUP is not transferrable from one parcel to another. (D) A CUP shall not be considered as establishing a binding precedent to grant other CUP. 8-3-1: Performance Standards Enclosed Trash Areas: All trash and lor garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4) in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and lor garbage as determined by the Administrator shall be provided. 8-3-3(A): Visibility at intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one half and ten ft (2 1/2 and 10 ft) above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street right- of-way lines twenty five feet(25ft) from the point of intersection. 8-3-3-(D): Side and Rear Yards for Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40ft) to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Council is provided. Such screening shall be a masonry or solid fence between four and eight ft. (4 ft to 8 ft) in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20ft) in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4ft) in height at the time of planting. 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 discernible without instruments on any adjoining lot is 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. 8-4-3(A): Paving: The required number of parking and loading spaces as set forth in Section 8-4-5 of this Chapter, together with driveways, aisles and other circulation areas, shall be improved with such material to provide a durable and dust-free surface. 8-4-3(B): Drainage: All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. 8-4-3(C): Access: Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street. 8-4-3 (D): Maintenance: The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris. 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 movement into and out of the parking stalls facilitate the F. Off Street attached) Parking Design and Dimension Tables (see 5. 8-4-5: Schedule of parking requirements: Retail: 1 parking space for each 250 sq. ft. floor area 6. Eagle Comprehensive Plan Page 1: Purpose and Scope ( f) To encourage urban and urban-type incorporated City limits of Eagle. (h) To ensure that the development of land physical characteristics of the land. development within the is commensurate with the Page 8-9:Transportation (8) Require new development to provide areas for pedestrian and bicycle circulation where possible. (12) Developers of property located adjacent to arterial highways and State St., should be responsible for providing means for internal traffic circulation and assuring access to adjacent properties through the use of such devices as frontage or collector roads, clustering of development activities, shared access, setbacks for future rights-of-way, and provisions for turn bays, turn lanes and curb cuts. Page 11: Community Design (3) The design of the Commercial zones shall conform to the design review ordinance consisting largely of government commercial, and community buildings. (4) new.. . commercial shall meet minimum design standards as specified by ordinance. (10) Buffers shall be developed between conflicting types of land use. Page 14 (3): The development of businesses and professional serv ices wi thin the City limits of Eagle shall be encouraged commensurate with the needs of the community residents. CONDITIONS OF APPROVAL 1. An executed Development Agreement between the developer and the City of Eagle. 2. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, and Ada County Highway District (curb, gutter and sidewalk) shall be secured prior to issuance of permits. (Eagle Fire Dist required to approve building plans on commercial buildings) 3. All trash areas are to be enclosed 4. Shall meet all Design Review provisions regarding signs, landscaping and exterior design. A detailed landscaping plan, indicating the names of all planting material plus their size at the time of planting, must be submitted for review prior to issuance of a building permit. (8-2A-7.F) All landscaped areas shall include an underground sprinkler system complete with timers. 5. The landscaping plan shall Committee prior to construction. be approved by the Tree/Park 6. 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) 7. Lighting plan is required prior to issuance of any permit. A lighting plan shall include the location, voltage and illumination. 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. 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 10. Off Street Parking Design and Dimension Tables (see attached) 11. Ingress and egress shall be provided to the adjoining properties, ie U.S. Post Office, an access on the east boundary, and parking for post office patrons be established in that area N of the post office within the Kings Dept Store parking lot.(ECP Transportation #12) 12. The parking lot frontage along State St. shall include a sidewalk the entire length of the parking lot along with the landscaping. 13. Handicapped parking shall be clearly marked by a sign, cen~ered between 3 ft and 5 ft above the parking surface, at the head of the parking space. The sign shall include the international symbol accessibility and state RESERVED, or equivalent language. (UBC 1991 Appendix) 14. There shall be 6 handicapped parking spaces required for 151- 200 parking stalls. (UBC 1991-Appendix) 15. One parking space for each 250 sq. ft of floor area required. 16. All entrances, exits and restrooms shall meet handicap code requirements (UBC) 17. Will have at least a six foot high sight obscuring fence along the property lines that adjoin a residence (8-3-5.1-2), or a strip of land not less than 20ft in width planted with dense planting acceptable by the Tree/Parks Committee. 18. All landscaped areas abutting residential remain free of all advertising or other signs. districts shall 19. All building plans must be approved by the Eagle Building Inspector and the Eagle Fire Dist. 20. A drainage plan must be submitted and approved by the Eagle City Engineer prior to issuance of any permits. The Commission concludes that there is adequate evidence showing that this development use at the proposed location satisfies the general standards for approval of a conditional use permit set forth in Title 8, of the Eagle City Code. Specifically, that the use will be harmonious with and in accordance with the general objectives of the Title 8. Further in accordance with the general objectives of the Comprehensive Plan. The granting of the application does not violate the Idaho Code and nor nullify the interests or purposes of the Eagle City Code and Eagle Comprehensive Plan. RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application be approved based on the following: 1. 2. All conditions of approval of the City be met; A written agreement regarding the easement on Eagle Glen Rd. ; That Eagle Glen Rd be brought up to ACHD standards with curb, gutter and sidewalk; A development agreement between the City and developer executed; approval of water from DEQ. 3. 4. 5. ADOPTED by the Eagle Planning and Zoning Commission of the Çi-t.yof Eagle, Idaho this 5 day of October , 1 92. " , APPROVED: '1:-bI yvt)£,¡¡Þ- CHAI LLOYD GERBER PLANNING AND ZONING COMMISSION " " ~ " ~. CLERK £ ... ",:>./ . t::"..;".¡.¡":"'"