Findings - PZ - 1995 - Rezone from R1 to C2 - Ne Corner Of 20/26 & Eagle Rd
CITY OF EAGLE
ORIGINAL
IN THE MATTER OF
WILLIAM HODGES/WESTERN REALTY
ADVISORS APPLICATION FOR
REZONE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
This matter having come before the Eagle Planning and Zoning
Commission on February 27, March 20 and April 17,1995, pursuant to
public notice and hearing procedures set forth in Section 67-6509,
Idaho Code, and there being present applicant William Hodges
representing Western Realty Advisors requesting an ap~roval of an
application for a rezone from R1 to C2 district classlfication.
FINDINGS OF FACT
Having given due consideration to the application and evidence
presented, the Eagle Planning and Zoning commission hereby makes
the following findings of fact:
1. That on February 27,1995, a public meeting was conducted
by the Eagle Planning and Zoning Commission. The records in this
matter indicate all notices and publications occurred as required
by law for such hearing.
2. That the shopping center as proposed will be on the
northeast corner of the intersection of Chinden Boulevard and Eagle
Road. The existing zoning of the subj ect pro'perty is R1. The
rezone to C2 would change the district classiflcation.
3. That the existing land use in the area is presently
commercial, residential, and agriculture. The property, requested
to be zoned C2, is bounded by Chinden Boulevard to the immediate
south, commercial property to the west and residential/agricultural
uses to the north and east. The property immediately adjacent to
the west is currently zoned C2 and is proposed to be included as
part of the shopping center complex. The property to the west of
Eagle Road is Banbury Subdivision, a residentla1 subdivision. The
property to the south across Chinden Boulevard is currently zoned
for commercial shopping, which zoning is contested in litigation.
4. That the records reflect that in response to the notice
of the public hearing sent to relevant public entities, including
Ada County Highway District, Idaho State Transportation De~artment
and Idaho Power. The City was advised by said entitles that
subject to certain conditions there was no objection to the zone
change. The following comments were received:
EaQ'le Sewer Dist.: 2/15/95, This property is outside Eagle Sewer
District ' s area, service would be provided by the West Boise
Treatment Facility.
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Idaho Power: 2/17/95, Idaho Power has a proposed 138 kV power line
targeted for the right of way. "We have no obj ections to the
rezone as long as appropriate 25 foot setbacks for an easement are
included for the line corridor, appropriate NESC (National Electric
Safety Code) height restrictions are required, and provided that
the corridor is designated on the plat to give notice of the future
line development." Easements are suggested to be restricted open
space and to be incorporated into a future acquisition map.
ACHD:
2/14/95, SPECIAL RECOMMENDATIONS TO EAGLE AND ITD:
a.
Require the construction of a 5-foot detached sidewalk or a 7-
foot attached sidewalk on Chinden Boulevard abutting the
parcel.
Com~ly with requirements of ITD for State Highway 20/26
(Chlnden Blvd.) frontage. Submit to the District a letter
from ITD regarding said requirements.
b.
If public streets are proposed,
parcels should be anticipated.
5. That the applicant presented testimony and drawings
depicting a neighborhood retail shopping center to include a
"country store," restaurants and other neighborhood businesses.
The applicant stated he would construct the site and limit
operation of businesses so as to minimize impacts to neighboring
properties. The drawings and exhibits presented by ap~licant are
hereby incorporated by reference into these factua~ flndings, as
showing a representative example of a "country store' architecture.
c.
stub streets to adj acent
6. That testimony was presented by the following neighboring
property owners: testlmony was given by Dwayne Didericksen, the
neighbor to the east of the proposed zone change opposing the
proposal, his concerns are negative sight, sound and smell impacts,
as his home would be adj acent to the back service area of the
proposed shopping center. Testimony was also given by Jan
Castaneda, a property owner in Banbury Subdivision to the west of
the proposal. Her concerns incl uded 1 igh t ing , s ignage ,
landsca~ing, store delivery hours, noise, building heights, service
facilitles, parking and commercial use. Jan Castaneda testified
that a C1 zone might be more appropriate for this proposal. MS.
Castaneda also presented written testimony to the same effect.
7. That the standards used in evaluating the application are in
the following sections of the Eagle City Code and Comprehensive
Plan.
ZONING DISTRICTS
8-2-1:
Districts established:
C-2: 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
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well as light manufacturing in conjunction with
retail sales.
Section 8-10-1-D:
1. The Council may require a development
agreement be executed to allow a rezone if, in the
opinion of the Council, approval of the requested
rezone does not satisfy the requirements set forth
in the Zoning Ordinance for rezone approval, but
the particular project or use contemplated has a
value to the community that would justify the use
of a development agreement. A development
agreement may not allow a use on the parcel that is
not an allowed or coordinated use in the requested
rezone.
EAGLE COMPREHENSIVE PLAN
LAND USE:
Medium Density, Residential
Suitable primarily for single family residential development
within an urbanized setting. Appropriate residential densities are
4 dwelling units or fewer per gross acre.
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
development shall be required to meet minimum design standards as
specified by City ordinances.
COMMUNITY DESIGN:
Comply with the Eagle Tree Plan.
The Comprehensive Plan land use map identifies this area as
medium density residential which is suitable primarily for single
family residential development within an urbanized setting. That
the Comprehensive Plan also establishes the following policies and
goals: to preserve the rural transitional identity; to promote
compatibility between zoning districts; and to allow the
development of businesses and professional services within the City
in a manner that is commensurate with the needs of community
residents.
CONCLUSIONS OF LAW
Based upon the foregoing findings,
Commission concludes as follows:
the Planning and Zoning
1. That the primary use of other property in the area will
remain residential per the Comprehensive Plan even though the
rezone is for a commercial use. A neighborhood shopping center can
provide a valuable service to these residential neighborhoods, if
certain restrictions are placed upon it. These restrictions must
satisfy the Comprehensive Plan provisions for orderly growth with
buffer and transition zones between conflicting types of land use.
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2. That the restrictions can be placed upon development of
the subject property through a development agreement. The
development agreement must provide limitations on allowed uses,
hours of operationl landscaping and general avpearance to ensure
the commercial development is harmonious ln appearance with
existing residential uses and does not disrupt them. Required
landscaping, berms and maspnry walls will help protect neighboring
properties. These limitations will reasonably limit the noise and
odors caused by the use of the property. Allowing only the
"country store" architecture and limited types of businesses will
protect the rural transitional identity of Eagle while being
compatible with potential nearby commercial use on Chinden
Boulevard. A draft of an acceptable development agreement is
attached hereto.
3. That the development agreement must include the abutting
property presently zoned C2. Although the corner of Chinden and
Eagle roads is currently zoned C2, this project, with the
restrictions contained in the recommended development agreement
will limit the commercial development to approximately C1 uses. No
intensive commercial uses will be allowed. So limited, this
project will provide a positive transition to the property zoned
residential located to the north and east.
4. That the use limitations and other restrictions in the
development agreement will adequately protect the use and enjoyment
of nearby property owners. With such limitations and restrictions,
the development described as part of the rezone application will be
an asset as it will provide neighborhood shopping and restaurants
in an aesthetically pleasing projectl and improve the safety of
access to the commercial businesses on the site.
5. T~at, the propose,d zone change with the develo:¡¡>meJft
agreement lS ln harmony wlth the general purpose of the Clt¥ s
Comprehensive Plan and ordinances and will not be otherwlse
detrimental to the public health, safety and welfare. The terms of
the development agreement will sufficiently limit adverse impacts
so as not to conflict with the use of surrounding properties.
6. That the rezone is in accordance with the Comprehensive
Plan for the foregoing reasons, allowing for organized development
of the community and maintenance of a development pattern and
design in keeping with the rural transitional identity of Eagle.
At the termination of the development agreementl the property
will revert to an R1 zoning designatlon.
RECOMMENDATION
Based upon the foregoing findings of facts and conclusions of
law, the Eagle Planning and Zoning Commission recommends that the
application be approved contingent upon execution of a development
agreement as described herein. If limited by such a development
agreement, the rezone proposed in the application is compatible
with surrounding properties' zones and land uses, and is in
accordance with the Eagle Comprehensive Plan.
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ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho.
This 1st day of May, 1995.
APPROVED:
ATTEST:
Bert Bradley, Chairman
Eagle Planning and Zoning
Commission
Barbara Montgomery, City Clerk
City of Eagle
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
before Eagle Planning and Zoning Commission regarding Bill
Hodges/Western Realty Advisors on an application for a rezone from
R1 to C1, not C2 as originally requested, was heard by Eagle City
Council on May 23, 1995, and June 13, 1995 are hereby adopted by
the Eagle City Council with changes to the Development Agreement,
the final Development Agreement is an attachment to this document.
DATED this 27 day of June 1995.
Steve Guerber, Mayor
City of Eagle
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