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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. - 1 - 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 - 2 - 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. - 3 - 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. - 4 - 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 - 5 -