Findings - PZ - 2004 - CPA-2-03 - Cpa/Land Use Desingation From R-1 To Commercial/4526 W. Old Valley Road
0 R , G I ¡'J A L
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICA nON FOR A COMPREHENSIVE
PLAN AMENDMENT FROM RESIDENTIAL ONE TO
COMMERCIAL FOR RICK & NITA MUSICK
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-2-03
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:
Rick & Nita Musick, 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 One (up to one dwelling unit per
acre) to Commercial. The site is located on the south side of West State Street
approximately 400-feet east of Linder Road, at 4526 West Old Valley 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.
Ð.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 9, 2002, the Eagle City Council approved a comprehensive plan amendment
(CPA-2-0l) to change the land use designation on the Comprehensive Plan Land Use Map
from Residential One (up to one dwelling unit per acre) to Commercial for the site located
on the northeast comer of Linder Road and State Highway 44 (north of this subject site).
On February 25, 2003, the Eagle City Council approved a comprehensive plan
amendment (CPA-2-02) to establish a Land Use Map designation of Commercial for the
site located on the southwest comer of Linder Road and State Highway 44 (west of the
City's current area of impact boundary).
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E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential One (up to RUT (Rural Residential - Ada Single-family residence
one dwelling unit per County designation) with accessory structures
acre maximum)
Proposed Commercial No change at this time No change at this time
North of site Commercial RUT (Rural Urban transitional- State Highway 44 &
Ada County designation) Single-family residence
with horse stables
South of site Residential One (up to RUT (Rural Urban transitional - Old Valley Road, Single-
one dwelling unit per Ada County designation) family residences &
acre maximum) wholesale nursery
East of site Residential One (up to Rl (Ada County designation) Single-family residences
one dwelling unit per & Pasture
acre maximum)
West of site Residential One (up to RUT (Rural Urban transitional- Single-family residence
one dwelling unit per Ada County designation)
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 4.6-acres (approximately)
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
No rezone proposed at this time.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant states that there is not a plan for a specific development on the property at
this time and thus neither a concept plan, nor details for a development agreement have
been provided. Eagle City Code Section 8-10-1 states that a Development Agreement is a
discretionary tool used to allow a specific project with a specific use to be developed on
property in an area that is not appropriate for all uses allowed or conditional in the
requested zone. With this consideration in mind, staff has recommended conditions to be
placed within an annexation agreement, as provided below under Staff Analysis Section
"C".
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters from the Eagle Fire Department and the Central District
Health Department state they have no objection to the proposal. The Eagle Sewer District
states that the property has not been annexed into the Eagle Sewer District service
boundaries. Annexation of the property and the review of construction drawings would
need to be approved prior to connection to sewer service, located within Old Valley Road.
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An approval letter from the water service provider having jurisdiction in the subject area
would be required prior to any development of the site.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
M.
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
N.
LETTERS FROM THE PUBLIC: None received to date.
O.
APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The letter submitted by the applicant addressing justification for the Comprehensive Plan
Amendment, dated October 23, 2003, is incorporated herein by reference.
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 One (up
to one dwelling unit per acre).
Chapter 1 - 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;
c. economically strong with a distinct downtown economic center;
h. a unique community that maintains its rural residential feel in the midst of the
Treasure Valley.
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
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development while retaining those attributes that give Eagle its special living and
working environment.
5.3
Goal
Encourage an economic base complementary to Eagle's rural identity
5.4
Objective
To preserve the economic integrity of the Central Business District (CBD) and to
encourage business and industry that have minimal environmental impact.
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.
Land use designations as reflected on the Land Use Map are based on the existing
land use pattern, existing natural physical features such as the Boise River, Dry
Creek and the foothills, floodplain areas, capacity of existing community facilities,
projected population and economic growth, compatibility with other uses of the
land, transportation systems, and the needs of local citizens.
6.5
Goal
To preserve the rural transitional identity.
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6.7
Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
d.
Discourage strip commercial type development.
Chapter 8 - Transportation
8.1
Background
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted
on the Eagle Land Use Map.
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modem, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
8.2.1
Principal Arterial
Access Function:
Access from other roadways is controlled and subordinate to traffic on the
principal arterial street. Direct lot access is typically prohibited or
severely restricted.
Chapter 12 - Community Design
12.3
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entry ways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
12.4
Implementation Strategies
a.
Establish and maintain a development pattern and design criteria in
keeping with the rural transitional identity of Eagle. This includes growth
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within the Impact Area that discourages or precludes the establishment of
other City centers.
e.
Developments that would establish or tend to establish another City center
outside of the Central Business District should not be approved.
m.
Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
q.
Maintain the rural residential character and open space environment in
and around the City.
Chapter 13 - Implementation
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:
1. 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: None
c.
DISCUSSION:
.
The subject property is currently zoned RUT (Ada County designation - Residential - one
unit per five acres) with a Comprehensive Plan Land Use Map designation of Residential One
(up to one dwelling unit per acre).
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.
The subject site, located between State Highway 44 and Old Valley Road, is within the City of
Eagle Area of Impact yet not within the city limits. The parcel has been developed with a
single-family dwelling and related accessory structures.
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
applicant states, "Noise, light and car exhaust have vastly impacted this property in a manner
that the use, as currently planned by the City for a rural style residential development is clearly
inappropriate." Considering past action by the Council, as noted in CPA-2-0l and CPA-2-02,
properties on the four comers of the intersection of State Highway 44 and Linder Road appear
to be more suitable for commercial uses rather than residential uses. It was determined that
"The noise pollution created by the high volume of traffic at the intersection of State Highway
44 and Linder Road creates a situation suitable for commercial uses that provide economic
benefits to the community as well as to residents in the area who desire commercial amenities
within close proximity". The Council agreed in the application for CPA-2-02 that the small
size of the subject parcel (2.03-acres) diminished the feasibility for the subject property to be
developed for residential use since the construction of adequate buffers from the adjacent
roadways (State Highway 44 and Linder Road) would most likely be insufficient. Further, a
traffic study should be conducted and subsequently reviewed by the City, which identifies the
appropriate commercial development suitable for the area. Given the similarities between this
subject parcel and the property on the southwest comer of SH 44 and Linder Road; bounded
on two sides by roadways, size of parcels not conducive to providing a residential
development with adequate buffering, and with the recent comprehensive plan designation of
Commercial for the parcel north of this site (CPA-2-0l), it may be considered that this subject
property is appropriate for a comprehensive plan land use map designation of commercial.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4» seeks to
identify "the public benefit that would occur from such a change in the plan." The applicant's
justification letter states, "In addition to an increase in the tax revenue that commercial would
generate that the current residential does not, the public would benefit aesthetically by seeing
this older subdivision with mostly weeds redevelop with new landscaping, frontage
improvements, etc." As a point of information, the City Council concluded in CPA-2-02 that,
"The noise pollution created by the high volume of traffic at the intersection of State Highway
44 and Linder Road creates a situation suitable for commercial uses that provide economic
benefits to the community as well as to residents in the area who desire commercial amenities
within close proximity". Recently, an increasing number of citizens have expressed a desire to
see neighborhood-scale commercial development within close proximity of residential uses.
The citizenry feel that these uses would alleviate the need to drive a long distance to purchase
goods and to dine-out; while also providing a larger commercial tax base in a predominantly
residential community. These viewpoints are in keeping with the "new urbanism" philosophy
and are logical considerations in land use planning and decision-making.
.
.
.
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." The
applicant's justification letter mentions the generation of additional tax revenue and
employment opportunities as advantages to the property being developed with commercial
uses. Considering the aforementioned discussion topics, as well as past Council action, it
appears that a residential development on the subject property may not be the ideal use. While
commercial development should not be considered a solution to all circumstances, yet with the
appropriate zoning designation and adherence to planning and design guidelines, a less than
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.
desirable situation can be mitigated.
Currently, this site is located within the City's Area of Impact but not within the city limits and
until the property is annexed, the property will remain out of the jurisdiction of the City.
Again, with reference to the property north of this site, the Council approved the
Comprehensive Plan amendment from Residential One to Commercial, with conditions placed
on the approval that require the site to be annexed prior to any commercial development
occurring on the site. If this application is approved, the City may consider requiring the
following conditions to be included in an annexation agreement:
1.
The property shall not be rezoned for a commercial use until it is annexed into the City
of Eagle.
2.
The property owner shall submit a development agreement and a concept plan upon
application for annexation and rezoning into the City of Eagle. A traffic study shall be
submitted to aid in the analysis of determining the appropriate commercial zoning
designation for the site (Le. C-l, C-2, C-3).
3.
The subject parcel shall be annexed into the Eagle Sewer District's service boundary
prior to the site being annexed into and rezoned by the City of Eagle.
4.
The property owner acknowledges that access to State Highway 44 may be prohibited or
severely restricted.
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 an annexation 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
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 who had concerns that the potential commercial development would result in a
mass of concrete contributing to urban sprawl, that farm land is being lost, and there is a need to treat
the environment in a gentle manner.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
three (3) individuals (other than the applicant/representative) who felt that commercial development of
the site is the best use for the property, that there is a need for more commercial amenities for residents
in the area, and that the high traffic in the area is not conducive to continuing agricultural uses.
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COMMISSION DECISION:
The Commission voted 3 to 0 (Lien via telephone, Bandy, Deckers absent) to recommend denial of
CPA-2-03 for a change to the land use designation on the Comprehensive Plan Land Use Map
from Residential One (up to one dwelling unit per acre) to Commercial. Instead, the Commission
recommended that the area is appropriate for a Mixed Use land use designation as shown in the
Western Area of Impact land use visioning maps recommended for approval by the Commission
through the City initiated comprehensive plan amendment application CPA-2-04. As such the
Commission recommended that an annexation agreement is not necessary at this time.
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
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-2-03) and based upon the information provided concludes that the proposed
comprehensive plan amendment is not in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
The land use designation of Commercial is not consistent with the Commission's recommendation for
CPA-2-04 (Western Area ofImpact) and that a land use designation of Mixed Use is more appropriate.
To consider this single parcel for a commercial designation based only on undesirable traffic and noise
in the area does not take into account the goals of the Mixed Use land use designation (as addressed
through the community visioning process) to preserve the character of adjacent residential uses by
mitigating the impacts of noise, traffic and conflicting land uses.
DATED this 16th day of August 2004.
PLANNING AND ZONING COMMISSION
CITY OF EAGLE
Ada Co t, Idaho
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