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Findings - CC - 2019 - CU-04-18 - Cup For Equipment Rental And Sales YardO!G1NAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A CONDITIONAL USE PERMIT MODIFICATION ) FOR AN EQUIPMENT RENTAL AND SALES YARD (MODIFICATION TO CONDITIONS OF 1 APPROVAL AND WAIVER PURSUANT TO IDAHO CODE 67-6512(F)) FOR DOUG NEWELL 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU -04-18 MOD The above -entitled conditional use permit application came before the Eagle City Council for their action on February 12, 2019, at which time public testimony was taken and the public hearing was closed. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Doug Newell is requesting approval of a conditional use permit modification to modify previously established site specific conditions of approval No. 5 and No. 6 and to request waivers (to permit the use of chain link fencing and to permit a portion of the site to remain gravel) pursuant to Idaho Code 67-65I2(f). The 1.39 -acre site is located on the south side of East State Street approximately 285 -feet east of the intersection of South Academy Avenue and East State Street at 1445 East State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 6:00 PM, Monday, July 16, 2018, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on January 18, 2019. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 25, 2019. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 22, 2019. The site was posted in accordance with the Eagle City Code on February 1, 2019. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 1997, the Design Review Board recommended approval of a new building for Musick's Auction (DR -02-97). On March 3, 1997, the Planning and Zoning Commission approved a new building for Musick's Auction (DR -02-97). On October 23, 1997, the Design Review Board approved a monument and wall sign for Musick's Auction Facility (DR -25-97). On October 23, 2018, the City Council approved a conditional use permit for an equipment rental Page 1 of 15 K.\Planning Dept\I.agle Appkationa\Ct \24)18\CC'-4)4-IK NH/1)1'm,, Rent. t.I Jolt and sales yard located within a M-1 (Light Industrial District) (CU -04-18). E. COMPANION APPLICATIONS: DR -02-97 MOD (change of use) & DR -62-18 (Tates Rents signage) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Downtown M-1 (Light Industrial Equipment rental and sales District) yard Proposed No Change No Change No Change North of site Downtown C-2 (General Business Carwash and single-family District) residences South of site Downtown MU (Mixed Use) Multi -tenant personal improvement/retail building East of sit Downtown M-1 (Light Industrial Precision Panel District) West of site Downtown M-1 (Light Industrial Container Packing and District) Supply G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. *Note: No Change means no changes on the site from the previously approved application (CU -04-18). H. EXISTING SITE CHARACTERISTICS: No Change The site contains one (1) existing 6,250 square -foot commercial building. The open storage area located from the center of the building to the rear property line consists of approximately 50,665 square feet with a 6 -foot high chain link fencing bordering the perimeter of the site. Page 2 of 15 K:\I'Ltnning I)epAliagk Applications CU\201ii\CU-tk-18 MO1) Tates Rents ccl:docx I. SITE DESIGN INFORMATION: No Change SITE DATA PROPOSED REQUIRED Total Acreage of Site 2.16 -acres n/a Percentage of Site Devoted to Building 6.6% 92% (maximum) Coverage Percentage of Site Devoted to 18.7% 10% (minimum) Landscaping Number of Parking Spaces 31 31 Front Setback 130 -feet 0 -feet Rear Setback 156 -feet 0 -feet Side Setback (east)* 85 -feet 0 -feet Side Setback 93 -feet 0 -feet * Measured from perimeter of site J. GENERAL SITE DESIGN FEATURES: No Change Number and Uses of Proposed Buildings: One (1) existing building to be utilized as an equipment rental facility. Gross Floor Area of Proposed Buildings: 6,250 -square feet On and Off -Site Circulation: The site has a 32 -foot wide single access point to East State Street located approximately 60 -feet from the west property line. K. PARKING ANALYSIS: No Change Total parking spaces shown on Existing Site Plan, date stamped by the city on July 19, 2018. Total: 31 — on-site parking spaces Combined Required Total Parking Spaces for an Equipment Rental and Sales Yard: Gross Floor Area — 1/400 square -feet 6,250/400 square -feet = 16 parking spaces Total required: = 31 parking spaces — as approved with this conditional use permit L. PUBLIC SERVICES AVAILABLE: The site is served by Eagle Water Company, Eagle Sewer District, and the Eagle Fire Department. M. PUBLIC USES PROPOSED: None proposed. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. Page 3 of 15 K: Planning Ikpt\Eagk Application.\CU\2018\CU-04-I8 MOD Tates ccrAloot O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — no Riparian Vegetation — no Steep Slopes — no Stream/Creek— no Unique Animal Life — no Unique Plant Life — no Unstable Soils — no Wildlife Habitat — no P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required AGENCY RESPONSES: None (see CU -04-18 for all agency responses) Q. R. LETTERS FROM THE PUBLIC: None received. S. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular -facts and circumstances of each proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8); C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of major importance. Page 4 of 15 K:IPIanning IkptlE:aglc Applications\CU12O181CU-04.18 MOL) Tates Rents cct.docx STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The site is designated as Downtown on the Comprehensive Land Use Map. Chapter 6 — Land Use 6.3 Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged. Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: Design Review Overlay District: General Applicability: This article applies to all proposed development located within the Design Review Overlay District which shall include the entire City limits, and any land annexed into the City after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the City Council. • Eagle City Code Section 8 -2A -6(B)(3): Fences: e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. • Eagle City Code, Section 8-3-4 Commercial and Industrial Uses Restricted: 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 uniform fire code and the national safety foundation publications. Page 5 of 15 K:WLenning DcptlEagle Appli:ations1C 01201 81CU-04-18 NI01) Tates Rents txr.dacs Noise: Objectionable noise, as determined by the administrator, which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and relation apparatus used solely for public purposes are exempt from this requirement. 3. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authority. • Eagle City Code Section 8-4-3: Design and Maintenance: A. Paving: The required number of parking and loading spaces as set forth in this chapter, together with driveways, aisles and other circulation areas, shall be improved with material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces shall not be permitted. C. DISCUSSION: (based on the Existing Site Plan, date stamped by the City on January 18, 2019) • The applicant is requesting to modify previously established site specific conditions of approval No. 5 and No. 6, which state: 5. Provide a revised Existing Site Plan showing a permitted style of fencing replacing the existing fence. The revised Existing Site Plan shall be provided prior to submitting a design review application. (8-2A-6[B][3][e]) 6. The applicant shall be required to improve the approximately 10,700 square -foot area located adjacent to the southern property line with either landscaping, paving, or a combination of both, prior to the issuance of a certificate of occupancy associated with the building improvements. • The applicant is requesting to modify site specific condition of approval No. 5 to allow for the existing chain link fencing on the southern property line to remain and to allow fora portion of the existing chain link fencing on the east and west property lines to remain. The "Existing Site Plan," date stamped by the City on January 18, 2019, identifies a six-foot high Simtek Polyethylene fence proposed along the east and west property lines for the first 150 -feet (behind the entrance gate to the rear of the property). The remainder of the fencing along the east and west property lines and along southern property line is proposed to remain a chain link fence. erty Line from Road Page 6 of 15 K \Planning Uep111 ;1g le ApplaalionaCU12111 MCI! -111 -IR NH 1U Tates Rcnl c.l Jour East Fence Line East Fence Line (vision slats) i orb mow • Page 7 of 15 \I'Llnning Ih•plll'agk Apphcauons1(11,2t1 IIi\( -04-Ih VllIf 1 al's Kenls cct.Jnc‘ West Fence Line Up i er Portion of Fence (Barbed Wire) v;icifzi‘ii:o4:4:41:2:11:111'4,Wf171104111F; t‘,111;1114.1" .411r South Property Line Page 8 of 15 K U9dnnmg I1ept\I k- ,\i I . uuono.cl'1_'n I \(_ 1•- 4 I K \I(lU -rat, Itrnn "1 drat. Southern Fence Line Staff does not recommend approval of the request to modify site specific condition of approval No. 5, since chain Zink fencing is prohibited pursuant to Eagle City Code Section 8 -2A - 6(B)(3), the chain link fencing is visible from the roadway (East State Street), and the top portion of the chain link fence has three rows of barbed wire. Moreover, the applicant provided an "Existing Site Plan" within their design review application (DR -02-97 MOD) showing the existing chain-link fence on the east, west, and southern property lines to be replaced with a six-foot tall Simtek Polyethylene fence. • The applicant is requesting to modify site specific condition of approval No. 6 to allow for the 10,700 -square foot area located adjacent to the southern property line to he gravel to allow outdoor equipment storage in that location. The "Existing Site Plan," date stamped by the City on January 18, 2019, shows the existing gravel in this location to remain. Area Adjacent to the Southern Property Line hilrib Page 9 of 15 h \Planning I kpl\I agk ApplkaII n,\CLI21IIxu'L-111.IS M(11) Tats, Rent. CCI dgi« STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the waiver to permit the approximately 10,700 -square foot area located adjacent to the southern property line to remain unpaved. Staff does not recommend a modification to site specific condition of approval No. 5. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on February 12, 2019, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (other than the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve CU -04-18 MOD for a conditional use permit modification for an equipment rental and sales yard to allow for waivers (to permit the use of chain link fencing and to permit a portion of the site to remain gravel) pursuant to Idaho Code 67-6512(0 for Doug Newell, with the following staff recommended site specific conditions of approval and standard conditions of approval with text with underline to be added by the Council and text with strikethrough to be deleted by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. An equipment rental and sales yard is the only use approved with this conditional use permit (ECC 8- 2-3). 2. All outdoor storage of equipment shall be completely screened from view located within the enclosed storage area. 3. The property shall be maintained in a neat an orderly appearance 4. The applicant shall submit a design review application showing: 1) a minimum of 10% of the site to be covered by landscaping, 2) proposed screening of the area to be utilized for the equipment storage area, 3) required parking, 4) a change of use converting the existing building from auto auction to an equipment rental and sales yard, and 5) proposed signage (ECC 8-2A-6, 8-2A-7, 8-2A-8). All living trees on the site shall be preserved, unless otherwise determined by the Design Review Board. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning certificate for this site (ECC 8-2A-17). 5. Provide a revised Existing Site Plan showing a six-foot tall Simtek Polvethvlene fence on the east and west property lines (extending from the entry/exit gate to the rear of the property). showing the addition of vision slats within the existing chain link fence on the southern property line that shall be painted to match the Simtek Polvethvlene fence. and remove all barbed wire from the existing fence. The revised Existing Site Plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. The chain link fencing (on the east and west property lines) and all barbed wire shall be removed prior to issuance of a certificate of occupancv.a-perm t ed style of fencing replacing the existing fence. The re'iiGc. Existing Site Plan shall be provided -prior to Gubmittifig a design review app cetion. (E 2A 6[B][3][e]) • approximately 10,700 rq a foot area -located adjacent to -the -southern p: operty--line with either landscaping, pav or a combination of both, prior to the ifnuence of a certificate of occupancy asGoe',a ed- = she building building-improvements,The applicant's request to leave the approximately 10,700 -square foot area located adjacent to the southern property line as gravel is approved. Page 10 of 15 K:U'4enning DeptlLagle Applications\CU120181CU-04-18 MOD Tates Rents ccf.docx NOTE: In the event a Standard Condition of Approval conflicts with a Site -Specific Condition of Approval contained herein the Site -Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction Page 11 of 15 K: Planning Dept\liagle Applications\CU120181CU-O4-18 MOD Tates Rents cct docx drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. 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. 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. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non- single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two-family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a Page 12 of 15 K:11'lanning lkpWU?agle Applications1CU12011i1CU-04-18 MOD Taws Rents ccI docx building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 24. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning Commission approval date). 26. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide Page 13 of 15 K:IPlanning DeptlEagle ApplicationslCU12O181CU-O4-l8 MOI] Tates Rents ccf.docx written acknowledgment to the City accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU -04- 18 MOD) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional use: A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-4, which establishes use for the zoning district involved since an equipment rental and sales yard may be permitted within the M-1 (Light Industrial District) zoning district with the approval of a conditional use permit; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), (as shown within the findings provided within this document), since there are no inconsistencies with the Comprehensive Plan and since the proposed equipment rental and sales yard will be located within a M-1 (Light Industrial District) and will be architecturally compatible with the surrounding properties and structures within the area, and since the development will be required to meet conditions of a design review application. Additionally, the Council determined that the proposed 30 -parking spaces shown on the site plan will provide sufficient parking for the site since the storage area located south of the building will provide additional room for employee parking; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the development will not only be required to meet the City's design review requirements, but will also be required to the meet the requirements noted herein; D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the site is located between two (2) light industrial uses and is bordered to the south by a multi -tenant personal improvement/retail use; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community because the entire project will be privately funded by the applicant and all public facilities are available for the project; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, since the transportation system has been found to be adequate by Ada County Highway District and since the development is not expected to generate any noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares as approved by Ada County Highway District; and Page 14 of 15 K:1Plrnning Deptll:agk Applications1CU120IK1CU-04-IK M()D Tates Rents ccIdocs I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance, since none are apparent at this site. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. 3. In accordance with Idaho Code 67-6512(f), the Council concludes that a waiver to permit the use of chain Zink fencing (on the southern property line) and to permit a portion of the site to remain unpaved is appropriate and will not change the essential character of the area. The portion of the site to remain unpaved will not result in dust problems as the area is required to he maintained in a durable and dust free manner. DATED this 26th) day of February 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: 1\) Sharon K. Bergmann, Eagle City C 'r Page 15 of 15 k \I'lannmg Ikp1\I agk Appin:auon,\Ct 1211I Met' 1)4.1x N1(11) Talc, Rom.. I Jo..