Findings - PZ - 2004 - CPA-1-03 & RZ-7-03 - Cpa To Change Land Use Designation From R4 To Cbd/Cbd-Da/223 N Eagle Road
D.
E.
F.
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A COMPREHENSIVE
PLAN AMENDMENT FROM RESIDENTIAL FOUR TO
CENTRAL BUSINESS DISTRICT AND A REZONE FROM
R-4 (RESIDENTIAL) TO CBD-DA (CENTRAL BUSINESS
DISTRICT WITH DEVELOPMENT AGREEMENT)
FOR G. GREGORY HALL
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-I-O3 & RZ-7-03
The above-entitled comprehensive plan amendment and rezone with development agreement applications
came before the Eagle Planning and Zoning Commission for their recommendation on April 5, 2004, at
which time testimony was taken and the item was continued to May 17,2004, July 12,2004, August 2,
2004, and August 9, 2004. The Commission made their decision at that time to be forwarded to the
Council in combination with the additional comprehensive plan amendment applications currently under
review by the City. The Eagle Planning and Zoning Commission 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:
G. Gregory Hall, represented by Land Consultants, Inc., is requesting a Comprehensive
Plan Amendment to change the land use designation on the Comprehensive Plan Land
Use Map from Residential Four (up to four dwelling units per acre) to Central Business
District, and a rezone from R-4 (Residential - up to four dwelling units per acre) to CBD-
DA (Central Business District with Development Agreement). The site is located on the
west side of North Eagle Road, approximately 800-feet north of West State Street, at 223
North Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 23, 2003.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on March 16,2004. 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 March 10, 2004. Requests for agencies' reviews were transmitted on February
23,2004, in accordance with the requirements of the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: None
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGN A TION DESIGNATION
Existing Residential Four (up to R-4 (Residential) Church
four dwelling units per
acre maximum
Proposed Mixed Use CBD-DA Office Building
North of site Residential Four (up to R-4 (Residential) Single-family dwelling
four dwelling units per
acre maximum)
South of site Residential Four (up to R-4 (Residential) Single-family dwelling
four dwelling units per
acre maximum)
East of site Residential Four (up to R-4 (Residential) Eagle Road & Single-
four dwelling units per family dwelling
acre maximum)
West of site Residential Four (up to R-4 (Residential) Single-family dwelling
four dwelling units per
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: .49-acres
1.
APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The letter submitted by the applicant addressing justification for the Comprehensive Plan
Amendment and date stamped by the City on October 23, 2003, is incorporated herein by
reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The letter submitted by the applicant and date stamped by the City on October 23, 2003, is
incorporated herein by reference.
K.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant has provided a draft copy of a development agreement with limited details
regarding the use of the property (see development agreement date stamped by the city on
September 25, 2003). Staff has recommended additional conditions to be placed within a
development agreement, as provided below under Staff Analysis Section "C".
L.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The City has received letters from the Central District Health Department and the Eagle
Fire Department stating they have no opposition to the project. The Eagle Sewer District
states that the property is currently served by the District and that any proposed change to
the site would require review by the District for potential impacts to the system. A service
approval letter from Eagle Water is required prior to the issuance of any building permits
for the site.
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M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N.
NON-CONFORMING USES:
A mobile office has been attached to the western side of the church building without the
apparent approval of the City and, said structure encroaches into the rear yard setback.
The placement of the trailer on the site and the encroachment into the setback constitutes a
non-conforming use of the property.
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments which appear to be of special concern are noted below:
Central District Health Department
Eagle Fire Department
Eagle Sewer District
P.
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map currently designates this site as Residential Two (up
to two dwelling units per acre).
Chapter I - Overview
1.3
The City of Eagle Vision Statement
In 1999, City of Eagle citizens envision their future town as a well-planned
community that encourages diversified living and housing opportunities,
economic vitality that offers jobs for residents, and places for people to recreate
and enjoy Eagle's natural beauty.
b. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
f.
an economically strong city, that fosters local businesses and clean industry.
Chapter 5 - Economic Development
5.1
Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
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5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential
identity.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
Chapter 6 - Land Use
6.1
Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
6.2
Land Use Designations
Central Business District
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A
variety of business, public, quasi-public, cultural, 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. Land within this district requires a CBD zoning
designation upon any rezone.
6.7
Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, rITe, recreational areas, highways and
transportation systems.
Chapter 8 - Transportation
8.2.2
Minor Arterial
Mobility Function:
The primary function of a minor arterial is to carry through traffic by connecting
with and augmenting the principal arterial system. A minor arterial may serve
motorized and non-motorized transportation needs, be designed with the
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minimum street section needed to accommodate projected traffic volume, and in
conformance with the Long Range Transportation Plan of APA.
Access Function:
Access to other roadways is less restrictive than principal arterials. Direct lot
access is typically severely restricted.
Chapter II - Special Areas and Sites
11.1
Background and Vision
Eagle has a rich architectural heritage. This legacy is evident in many of the
City's downtown buildings and homes. The purpose of this chapter in part is to
identify unique areas or sites for conservation or protection. It is a vision of the
Comprehensive Plan to sustain those elements of the City's heritage and culture
which contribute to the appeal of the City for both residents and visitors.
Much of the character of Eagle lies with its historic buildings. These buildings
enhance the quality of life and help make Eagle unique. It is important to
continue to re-use these buildings to maintain a sense of historic continuity and
link with the past. Unless historically significant buildings, that lend character to
Eagle, are protected, they may be subject to insensitive restoration or demolition.
Chapter 12 - Community Design.
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
Chapter 13 - Implementation
13.5
Comprehensive Plan Amendments
From time to time, changing conditions will result in a need for comprehensive
plan amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan.
The City Councilor any group or person may petition the City Planning and
Zoning Commission for a plan amendment at any time. On its own initiative, the
City Planning and Zoning Commission may also originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
recommend amendments to the Comprehensive Plan to the City Council not more
frequently than every six (6) months; however text amendments may be
recommended at any time.
13.7
Implementation Strategies
c.
Any person applying for a Comprehensive Plan amendment shall submit a
justification letter for the amendment which shall include the following:
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I. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change
being made in the Plan.
4. A description of the public benefit(s) that would occur from such a
change in the Plan and an explanation of why the public would need
any such benefit(s).
5. An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under
the current policies of the Plan.
6. A proposed development plan for any land involved if a specific
development is planned at the time the request for the amendment is
being made.
7. An analysis showing the estimated impact on infrastructure expected
to occur by any proposed change.
8. Any other data and information required by the City for their
evaluation of the request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-5-2 (D) Change To Conforming Use:
Any structure, or structure and land in combination, in or on which a nonconforming use
is superseded by a permitted use shall thereafter conform to the regulations for the district,
and the nonconforming use may not thereafter be resumed.
C. DISCUSSION:
.
The subject property is currently zoned R-4 with a Comprehensive Plan designation of
Residential Four (up to four units per acre).
Currently, a 3,700 square foot church building (Eagle Family Worship) is located on the
subject site. Landscaping on the site is minimal and the parking lot is not paved. Eagle Road
abutting the east side of this site is improved with curb, gutter, planter strip with trees, and a
five-foot wide detached concrete sidewalk.
.
.
The applicant has submitted a conceptual drawing of the parcel showing the existing building
being converted to light office use, with landscaping and parking lot improvements to be
constructed. The site is proposed to be accessed through the existing twenty-four foot (24')
wide driveway on Eagle Road, located approximately twenty-two feet north of the southern
property line.
Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3»
within the 2000 Comprehensive Plan the applicant must show, "the condition or situation
which warrants a change being made in the plan." The justification letter submitted by the
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.
applicant states that due to noise and traffic issues and the current condition of the site, "it
appears appropriate use of this property would be commercial or office", which would not be
permitted under the current residential zone. Eagle Road abutting the east side of this site has
evolved from a rural roadway to a main entrance into the Central Business District, as may be
evidenced by the increase in traffic volume and the recent improvement of the roadway with
curb, gutter and a five-foot wide concrete sidewalk separated from the back of curb by a tree-
lined landscape strip. Further, a parcel with a front yard adjacent to a minor arterial is not the
most suitable location to support a single-family home. These conditions may be considered
ideal for the property to support an office use since it has no direct access to a residential
subdivision and has frontage on a minor arterial. Further, it seems that properties on either
side of Eagle Road in this subject area are becoming less suitable for single-family residential
uses and more conducive to a mix of commercial and public uses.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4» seeks to
identify "the public benefit that would occur from such a chan!;!e in the plan." The applicant's
justification letter states that in addition to an increase in tax revenue, the "public would
benefit aesthetically by seeing this older facility redeveloped with new landscaping frontage
improvements, etc." As noted in the comprehensive plan, "historical buildings enhance the
quality of life and help make Eagle unique. It is important to continue to re-use these
buildings to maintain a sense of historic continuity and link with the past". With the current
zoning designation of residential, the property is limited to few uses, such as a single-family
dwelling or continuation as a church. As a church, the small size of the building as well as the
parcel itself, hinder the site from being developed further; as membership in the congregation
grows, the need for more space increases, yet economic prudence and space limitations
hamper improvement of the site. Without the site being zoned to accommodate a use that is
commercial in nature, it is likely the site will remain unimproved.
.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5» asks for
"An explanation of why no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan". As
mentioned in the discussion above, the applicant's reply in the justification letter reiterates that
traffic and the condition of the site warrant a change to the comprehensive plan. In addition to
the discussion above, it seems unlikely that the site will be redeveloped as a residence since it
may be determined that due to the value and location of the property, a dwelling may not be
the highest and best use for the property. Further, if the site remains a church, there is no
incentive to make improvements to the site since it may continue the status quo as a
nonconforming use, provided no structural alterations are made. A likely solution may be to
change the zoning designation to allow the site to be improved while maintaining a building
with architectural elements that contribute to the City's historical heritage.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
comprehensive plan amendment and rezone with development agreement with the staff
recommended conditions to be included within a development agreement provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April 5,
2004, at which time testimony was taken and the item was continued to May 17, 2004, July 12, 2004,
August 2, 2004, and August 9, 2004, at which time the public hearing was closed. The Commission
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made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) individual with concerns regarding the type of commercial use that may be located within
the existing church, that the CBD land use designation would force them to re-develop their residential
use into a commercial use, and increases in traffic onto the heavily traveled Eagle Road.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 (Bandy, Deckers absent) to recommend approval of CP A-I-03 &
RZ-7-03 for a change to the land use designation on the Comprehensive Plan Land Use Map from
Residential Four (up to four dwelling units per acre) to Central Business District and a rezone from
R-4 (Residential-up to four dwelling units per acre) to CBD-DA (Central Business District with
Development Agreement) with the following staff recommended conditions to be included within
a development agreement:
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") represents an
example of the Applicant's current concept for the site and understands and agrees
that changes in that concept will likely occur. The Applicant also understands and
agrees that any changes regarding development of the site must be in conformance
with the "Conditions of Development" stated herein.
2.2 The development shall comply with the Eagle City Code, as it exists in its final form
at the time an application is made this development agreement is recorded and the
conditions within this agreement shall be satisfied.
2.3 The owner shall submit a Design Review application for the site (as required by the
Eagle City Code), and shall comply with all conditions required by Eagle as a part of
the Design Review prior to issuance of a certificate of occupancy.
2.4 Any proposed change to the façade of the building shall be designed to maintain or
enhance the existing elements of the site to ensure a historical continuity is preserved.
2.5 The applicant shall provide a copy of a recorded cross access agreement to the
property to the south. Upon redevelopment of the property to the south, the developer
of said property will be required to provide a reciprocal access agreement to the
subject property.
2.6 The mobile office attached to the western side of the church building shall be removed
prior to the City adopting a rezone ordinance for this property.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 23,2003.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on March 16, 2004. Notice of this public hearing was mailed to property owners within
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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 March 10, 2004. Requests for agencies' reviews
were transmitted on February 23, 2004, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-I-03) and based upon the information provided concludes that the proposed
comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
Eagle Road has evolved from a rural roadway into a main entrance into the Central Business District as
may be evidenced by the increase in traffic in the area. Further, a parcel with a front yard adjacent to
a minor arterial is not the most suitable location to support a single-family home. In addition, the
current zoning designation of R-4 (Residential) limits the property to be developed with few uses,
while economic and space limitations hamper improvements being made to the site should it continue
as a church use. Further, without the site being zoned to accommodate a use that is commercial in
nature, it is likely the site will remain unimproved. The Central Business District land use designation
is considered ideal for the property to encourage the site to be improved while maintaining a building
with architectural elements that contribute to the City's historical heritage.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-7-03)
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
upon the information provided concludes that the proposed rezone is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of CBD-DA (Central Business District with
Development Agreement) is in accordance with the Central Business District
classification as recommended to be changed on the Comprehensive Plan Land Use
Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
required to be provided, to serve an office (commercial) use on this property under the
proposed zone;
c. The proposed CBD-DA (Central Business District with Development Agreement) is
compatible with the R-4 zone (Residential) to the north and south since this
development proposes to provide a commercial use that would be compatible with
future commercial uses that may be developed since those sites are recommended to be
changed to Central Business District as shown on the Comprehensive Plan Land Use
Map and;
d. The proposed CBD-DA (Central Business District with Development Agreement) is
compatible with Eagle Road to the east since this site will be required to provide cross
access to the parcel to the south to share entry points onto Eagle Road to mitigate
potential conflict due to multiple access points in close proximity to one another and,
would be compatible with the R-4 zone (Residential) zoning district further east since
that area is recommended to be changed to Central Business District as shown on the
Comprehensive Plan Land Use Map and;
e. The proposed CBD-DA (Central Business District with Development Agreement) is
compatible with the R-4 zone (Residential) to the west since the redevelopment of the
site (with an effort to maintain the predominant architectural features of the building)
will allow the re-use of an older building within the community which will aid in
maintaining a sense of historic continuity and link with the City's heritage. Further,
any commercial development is required, by the Eagle City Code, to be designed with
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adequate buffers between proposed commercial developments and existing residential
uses and;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
g. No non-conforming uses are expected to be created with this rezone since the applicant
is required to remove a non-conforming trailer from the site prior to the City approving
an ordinance to rezone the property.
DATED this 16th day of August 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
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