Loading...
Findings - PZ - 2004 - COA-3-03 & RZ-8-03 - Cpa Land Use From Ar To C-2-Da And Mu-Da ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT FROM RESIDENTIAL ONE TO MIXED USE AND A REZONE FROM A-R (AGRICULTURAL-RESIDENTIAL) TO MU-DA (MIXED USE WITH DEVELOPMENT AGREEMENT) FOR PARK HAMPTON LLC ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CPA-3-03 & RZ-8-03 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, June 28, 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: Park Hampton, LLC, 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 and Mixed Use, and a rezone from A-R (Agricultural-Residential-up to one dwelling unit per five acres) to C-2-DA (General Business District with Development Agreement) and MU-DA (Mixed Use with Development Agreement). The site (Lots 1 and 2, Block 1, & Lots 1,2,4,5,6,8, & 9, Block 2, of Flint Estates Subdivision) is located on the northeast comer of Park Lane and West State Street, at 3950,3450 & 3300 West State Street, 3415, 3855, and 3850 West Flint Drive, and 312 North Park Lane. Note: On May 25, 2004, the applicant withdrew from the application that portion of the site (Lots 1, 4, and 9, Block 2) requested to have a land use designation of Commercial and a zoning designation of C-2-DA (General Business District with Development Agreement). B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on October 23, 2003, and a concept plan on April 22, 2004. 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, and April 27, 2004. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of Page 1 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on March 10, 2004, and April 27, 2004. Requests for agencies' reviews were transmitted on February 23,2004, and April 23, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 22, 2001, the Eagle City Council approved a conditional use permit (CU-02-0l) for a landscape contracting business and retail nursery located on the northeast comer of State Highway 44 and Park Lane. To date, the nursery has not been constructed. On November 18, 2003, the Eagle City Council denied an application (RZ-5-03) for a rezone from A-R (Agricultural-Residential) to R-E (Residential-Estates) on Lot 8, Block 2, of Flint Estates Subdivision. 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 A-R (Agricultural-Residential) Single-family dwellings to one dwelling unit per acre maximum Proposed Commercial C-2-DA (General Business District Commercial Uses with Development Agreement) & MU-DA (Mixed Use with Development Agreement) North of site Residential One (up A-R (Agricultural-Residential) & Flint Estates Subdivision to one dwelling unit PS (Public/Semipublic & Eagle High School per acre max.) & Public/Semi-Public South of site Mixed Use & MU-DA (Mixed Use with Camille Beckman Public/Semi-Public & Development Agreement) & PS Facility & Pasture & Residential One (up (Public/Semipublic) & RUT (Rural Single-family dwellings to one dwelling unit Urban Transition - Ada County per acre maximum) designation) East of site Residential One (up R-l (Residential) Colony Subdivision to one dwelling unit per acre maximum West of site Residential One (up RUT (Rural Urban Transition - Park Lane & Pasture to one dwelling unit Ada County designation) per acre maximum G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. TOTAL ACREAGE OF SITE: 44.80-acres (approximately). Subsequent to the withdrawal of Lots 1, 4, and 9, Block 2, from the application, the land area remaining for consideration within the application consists of approximately 36-acres. Page 2 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc I. 1. K. L. M. N. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See the letter submitted by the applicant date stamped by the City on October 23, 2003, incorporated herein by reference. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: The applicant has provided a draft copy of a development agreement with details regarding the use of the property (see development agreement date stamped by the City on April 22, 2004). Staff has recommended additional conditions to be placed within a development agreement, as provided below under Staff Analysis Section "C". A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The City has received letter from the Eagle Fire Department and the Central District Health Department stating they have no opposition to the project. The Eagle Sewer District states that three of the five parcels of the proposed development have been annexed into the District's service boundaries, the remaining two will need to be annexed. Construction drawings are to be submitted to the District for review prior to any connection to the sewer service. A service approval letter from the water department having jurisdiction is required prior to the issuance of any building permits for the site. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. NON-CONFORMING USES: Based upon the information available, the proposed comprehensive plan amendment and rezone will not create any noncompliance with any provisions of the Eagle City Code. 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: Ada County Highway District Central District Health Department Eagle Fire Department Eagle Sewer District Idaho Transportation Department O. LETTERS FROM THE PUBLIC: Letter from members of the Colony Homeowner's Association, date stamped by the City on March 31, 2004 Letter from Mary Hunter, 173 North Sierra View, Eagle, ill 83616, date stamped by the City on March 31, 2004 Letter from Jack Lichens, 246 North Cove Colony way, Eagle, ill 83616, date stamped by the City on March 31, 2004 Letter from Flint Drive Property Owners Group, date stamped by the City on May 13, 2004 P. APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT: The letter submitted by the applicant addressing justification for the Comprehensive Plan Amendment, date stamped by the City on October 23,2003, is incorporated herein by reference. Page 3 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: . The Comprehensive Plan Land Use Map currently designates this site as Residential Two (up to two dwelling units 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; f. an economically strong city that fosters local businesses and clean industry. Chapter 3 - Population 3.3 Goal To promote a high quality of life and livability in the community. 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. 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 Page 4 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc 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 Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within the Central Business District (CBD). 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 8.2.1 Principal Arterial Mobility Function: The primary function of a principal arterial is to provide major circulation and movement through urban areas and to connect with major activity centers and freeways. A principal arterial may serve motorized and non- motorized transportation needs and may include up to seven vehicular traffic lanes. 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 entryways include State Highways 44 (State Street and Alternate Route) and 55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial sign age 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 Page 5 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc 12.4 development and redevelopment that occurs along these entryway corridors. Implementation Strategies d. The City Design Review Ordinance shall set forth criteria for building design, landscaping, signage and other aesthetic standards. Development along State Street within the Impact Area and outside the City limits shall be encouraged to comply with the Design Review Ordinance. e. Developments that would establish or tend to establish another City center outside of the Central Business District should not be approved. g. New residential, commercial, and industrial development shall be required to meet minimum design standards as specified by City Ordinances. 1. Buffer and transition zones should be developed between conflicting types of land use. m. Encourage the development of a strong community identity through urban design standards, downtown revitalization, cultural activities, and visual gateways to the City. Chapter 13 - Implementation 13.5 13.7 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. 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. Page 6 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc B. c. 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. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-1-2 Frontage Roads: A road which has unlimited access to collector and access streets but has limited access to arterial streets. Access onto arterial streets is limited to one thousand five hundred feet (1,500') between points. DISCUSSION: . The subject property is currently zoned A-R (Agricultural-Residential) with a Comprehensive Plan designation of Residential One (up to one unit per acre). The subject site consists of nine (9) lots within Flint Estates Subdivision (which access State Highway 44, Park Lane and Flint Drive), the majority of which have been developed with single-family dwellings and accessory structures. Five (5) of the lots directly access State Highway 44 while the remainder of the lots within the subdivision access West Flint Drive which intersects with Park Lane. Neither State Highway 44, Park Lane, nor Flint Drive are improved with curb, gutter, or sidewalk. . . 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 that, "The increase of roadway impacts in this area is phenomenal. These impacts will continue. 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." In the fall of 2003, an application for a rezone from A-R (Agricultural-Residential) to R-E (Residential-Estates) on Lot 8, Block 2, of Flint Estates Subdivision (RZ-5-03) was denied by both the Planning and Zoning Commission and the City Council. The denials were based on the concern of creating a zoning district and land use that would not be consistent with the character of the surrounding parcels. Further, an evaluation Page 7 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc . and a master plan of the larger area surrounding the subject site would be more appropriate to determine the proper land use planning of the Flint Estates Subdivision, rather than reviewing the individual parcels within the subdivision on a case-by-case basis. The Planning and Zoning Commission agreed that the five-acre lots within Flint Estates Subdivision is out of character within the immediate area and that higher intensity uses may provide an economic stimulus to master-plan and develop the area in a prudent fashion. Considering the aforementioned discussion, it may be surmised that there are conditions surrounding the subject site which warrant a change to the Comprehensive Plan from residential. 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 that, "In addition to an increase in the tax revenue that a commercial use would generate that the current residential does not, the public would benefit aesthetically by seeing this older subdivision of 5-acre lots with mostly weeds redevelop with new landscaping, frontage improvements, etc. Further, the public is provided with additional personal services that may occupy this property." Through the visioning process recently undertaken by the City as part of a study to expand the Area of City Impact west, an increasing number of citizens have expressed a desire to see neighborhood-scale commercial development within close proximity of residential uses. The Comprehensive Plan lists goals to "Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, ... and transportation systems" as well as promote "a high quality of life and livability in the community." It may be considered a public benefit to locate some commercial uses at this site to promote more pedestrian access to business and less automobile travel, which requires more roadways and maintenance of those roadways, and because sewer and water are immediately available to the site, there will be no requirement to extend these services and no additional costs to the public. Businesses located in close proximity to residences may lend to a greater sense of community since residents will have the opportunity to visit local business owners rather than leave the area obtain to goods and services, while also contributing to a larger commercial tax base in a predominantly residential community. These views are certainly not new and are credible philosophies to be considered 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 reply in the justification letter mentions that due to the Planning and Zoning Commission's deliberation, noise and traffic issues and current condition of the site, non- residential use of the property is appropriate. The Commission had limited discussion on the potential for commercial uses for this subject site but did not attempt to reach a consensus as to whether commercial was indeed appropriate or further, the specific uses that would be considered. The Commission did not discuss any potential downside to the redevelopment of the area, such as the increase in the intensity of uses and their effects on nearby properties and commercial uses within the downtown area, nor the effects of increased peak hour traffic in an already heavily congested area. Staff would submit the following for consideration; if the premise were followed that the increase in traffic is a main contributor to the need to change this area to a non-residential designation, then allowing uses that would generate additional trips to the site would not be prudent. In this situation, it would seem that the focus should be to develop uses that would serve to capture existing pass-by trips, as well as to serve the needs of nearby residents to alleviate the need for additional trips away from the subject area. This may more likely occur Page 8 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc with the uses allowed within the Mixed Use zone versus those within the highly intensive C-2 commercial zone. Secondly, compatibility with surrounding uses is a major consideration, which consists mainly of residential uses to the north and east of the site. A Mixed Use development would allow for some residential uses (such as townhouses) that could be constructed abutting the existing residential properties and act as a transition from both State Highway 44 and any proposed commercial uses allowed within the Mixed Use zoning district. A higher intensity commercial zone directly abutting a low density residential zone provides too great of a contrast. Considering the previous discussion, if it is determined that a change from Residential One is warranted on the Comprehensive Plan Land Use Map, staff recommends that the designation should be entirely Mixed Use rather than a combination of Mixed Use and Commercial, and the property rezoned to MU-DA (Mixed Use with Development Agreement) only. . The applicant has submitted a concept plan showing various building configurations and proposed uses including single-family dwellings, assisted living facilities, offices, retail establishments, auto services, and a convenience store with fuel service. In general, the plan (aside from the uses) appears to offer a desirable layout with features including landscaping abutting State Highway 44, the majority of the parking located out of view from the highway, a "frontage road" to provide access among the parcels and limit approach points to the highway, and buildings placed at varying angles to the roadway to mitigate a "strip center" effect. Staff will defer further comment regarding the plan layout and proposed uses, including the development of a neo-traditional, single-family residential subdivision intended to access Flint Drive and Park Lane until such a time that it is determined by the City that a mixed use plan is appropriate for the area. . As previously stated by the Planning and Zoning Commission in the findings for RZ-5-03 (see "History" under item "D" above), any redevelopment of the site would need to be designed with limited access to State Highway 44. Eagle City Code Section 8-1-2 addresses frontage roads as a road which has unlimited access to collector and access streets but has limited access to arterial streets. Further, access onto arterial streets is limited to one thousand five hundred feet (1,500') between points. And, as noted in the Idaho Transportation Department letter date stamped by the City on March 24, 2004, access to a principal arterial is limited to intersections only, spaced at one mile intervals in rural areas and one-half intervals in urban areas. It may be considered that on roadways with high volumes of traffic, multiple accesses cause interruptions to traffic flow and increase the likelihood of vehicle conflicts. With these conditions in mind, staff recommends that any proposed combined development of the five lots abutting State Highway 44 be limited to one access point, with access easements and a frontage road to provide cross access amongst the parcels. . The applicant has submitted the following conditions to be placed within a development agreement, with underlined text recommended to be added by staff and text shown with strike- thru recommended to be deleted by staff: 2.1 The Concept Plan V.ceøss PlaH Conceptual Site Plan for Park Side - Exhibit "A") represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public Page 9 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc hearing shall be held on any proposed change in the Concept Plan, notice shall be provided as may be required by the City. 2.2 The development shall include a cross access agreement between all lots included within this rezone application and a frontage road constructed to serve the parcels adjacent to State Highway 44 that are propasøà for C 2 (GeReral Basæ.ess District. 2.3 The development shall include a minimum forty-foot (40') wide buffer unless a twenty foot (20') wide landscape buffer is approved (pursuant to Eagle City Code 8-3- 3 D) located adjacent to the residential properties located to the north and east of aftj' portieR of the property zaRed C 2 (Geaeral BüsiRess District) the property. 2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time aD development applications is are made (i.e. design review, conditional use permit, preliminary plat) and the conditions within this agreement shall be satisfied. 2.5 Access poiRts aloRg to State Highway 44 shall be limited to one (1) access point or as may be further restricted approveà by the Idaho Transportation Department. 2.6 Access ~ aIeftg to Park Lane and West Flint Drive shall be as approved by the Ada County Highway District. 2.7 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the following uses which are shown as permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle City Code Section 8-2- 3 "Official Schedule of District Regulations" shall be prohibited: Boarding or lodging house or dormitory Mobile home (single unit primary residence) Mobile home (single unit temporary living quarters) Mobile home park Animal shows or sales Automotive washing facility Banks/financial institutions (with drive up service) Bar Cabinet shop Cemetery Circuses and carnivals Christmas tree sales Commercial entertainment facilities (outdoors) Communication facilities Drive-in theater Electronic sales. service. or repair shop Equipment rental and sales yard Farmer's markets (outdoor) Flex Space Hard ware store Horticulture (general) Hospital Hotel Industry Page 10 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc Kennel Laboratories Laundromat Laundry (with drive up service) Liye entertainment events Massage Spa Mobile office Mortuary Motel Parking lot. parking garage commercial Personal wireless facilities (height-over 35 feet) Research Activities Retail sales (general) Riding academies/stables Roadside stand (temporary structure) Sign shop. including painting Small engine repair (mower. chain saws. etc) Storage (enclosed building) Storage (fenced area) Street fair Trade fair Travel services Upholstery shop Woodworking shop 2.8 The owner shall submit a Master Design Review site layout and landscape application for the site. and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 2.9 Each building requires the approval of the Design Review Board. The design of the buildings shall incorporate residential elements to ensure compatibility with surrounding uses. All buildings shall be designed in accordance with the Eagle Architecture and Site Design book (EASD) as set forth in Eagle City Code Section 8- 2A. 2.10 The subject parcel shall be annexed into the Eagle Sewer District's service boundary prior to the issuance of any building permits for the site. 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 from Residential One to Mixed Use and a rezone from A-R (Agricultural-Residential) to MU-DA (Mixed-Use with development agreement). Staff does not recommend the approval of a C-2 (General Business District) zoning district for this site. To assure a cohesive and compatible development, staff recommends conditions to be included within a development agreement as provided within the staff report. Page 11 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc 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 the item was continued to May 17, 2004, June 28, 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 seven (7) individuals who, while not opposed to a Mixed Use land use designation for the 5-lots abutting SH 44, were not in favor a Commercial land use designation at the comer of Park Lane and SH 44, nor were they in favor of rezoning the lots abutting Flint Drive to anything other than residential. Additional concerns were expressed regarding the need for a berm and fence along the northern boundary of the lots adjacent to SH 44, the objection to a new access onto Park Lane, that a convenience store on the comer of Park Lane and SH 44 would be "ludicrous", high traffic in the area is a safety concern for children in the area, and that access from properties to roadways in the area is not easy and is dangerous based on the numerous accidents that have occurred. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicants/representatives). D. A letter signed by nine (9) individuals was presented to the Planning and Zoning Commission which stated that residents in the area of Flint Drive were in favor of the properties abutting SH 44 being rezoned to Mixed Use with limited retail, while they were opposed to a density of more than two units to the acre for the parcels on either side of Flint Drive. COMMISSION DECISION: The Commission voted 3 to 0 (Lien via telephone, Bandy, Deckers absent) to recommend denial of CPA-3-03 & RZ-8-03 for a 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 and Mixed Use. Instead, the Commission recommended approval of 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 Mixed Use for Lots 1,4,5,8,9, Block 2, of Flint Estates Subdivision, as shown on the Western Area of Impact study land use map recommended for approval by the Commission as part of CP A- 2-04. The Commission recommended approval of a portion of rezone application RZ-8-03 for a rezone from A-R (Agricultural-Residential) to MU-DA (Mixed Use with Development Agreement) for Lots 5 and 8, Block 2, of Flint Estates Subdivision, with the following staff recommended conditions to be included within a development agreement, with underline text to be added by the Commission and strike through text to be deleted by the Commission: 2.1 The Concept Plan (Conceptual Site Plan for Park Side - Exhibit "A") represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed change in the Concept Plan, notice shall be provided as may be required by the City. 2.2 The development shall include a cross access agreement between all lots included within this rezone application and a frontage road constructed to serve the parcels adjacent to State Highway 44. Page 12 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc 2.3 The development shall include a minimum forty-foot (40') wide buffer unless a twenty foot (20') wide landscape buffer is approved (pursuant to Eagle City Code 8-3-3 D) located adjacent to the residential properties located to the north and east of the property. 2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time development applications are made (i.e. design review, conditional use permit, preliminary plat) and the conditions within this agreement shall be satisfied. 2.5 Access to State Highway 44 shall be limited to one (1) access point {or as may be further restricted by the Idaho Transportation Department) in alignment with the proposed Eagle Island State Park access on the south side of State Highway 44. 2.6 Access points to Park Lane and West Flint Drive shall be as approved by the Ada County Highway District. 2.7 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the following uses which are shown as permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" shall be prohibited: BoaràiRg or 10àgiRg ROlise or dormitery Mobile home (single unit primary residence) Mobile home (single unit temporary living quarters) Mobile home park Animal shows or sales Automotive washing facility Bankslfinancial institutions (with drive up service) Bar Cabinet shop Cemetery Circuses and carnivals Christmas tree sales Commercial entertainment facilities (indoors) Commercial entertainment facilities (outdoors) Communication facilities Drive-in theater Electronic sales, service, or repair shop Equipment rental and sales yard Farmer's markets (outdoor) Flex Space Hard ware store Horticulture (general) Hospital Hotel Industry Kennel Laboratories Laundromat Laundry (with drive up service) Live entertainment events Page 13 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc Massage Spa Mobile office Mortuary Motel Parking lot, parking garage commercial Personal wireless facilities (height-over 35 feet) Research Activities Retail sales (general) Riding academies/stables Roadside stand (temporary structure) Sign shop, including painting Small engine repair (mower, chainsaws, etc) Storage (enclosed building) Storage (fenced area) Street fair Trade fair Travel services Upholstery shop Woodworking shop 2.8 The owner shall submit a Master Design Review site layout and landscape application for the site, and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 2.9 Each building requires the approval of the Design Review Board. The design of the buildings shall incorporate residential elements to ensure compatibility with surrounding uses. All buildings shall be designed in accordance with the Eagle Architecture and Site Design book (EASD) as set forth in Eagle City Code Section 8-2A. 2.10 The subject parcel shall be annexed into the Eagle Sewer District's service boundary prior to the issuance of any building permits for the site. 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-3-03) 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: While no longer a part of this application, the Commission determined that the land use designation of Commercial for the northeast comer of Park Lane and State Highway 44 is not consistent with the Page 14 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc Commission recommendation for CPA-2-04 (City of Eagle Western Area of Impact) and the land use designation of Mixed Use for Lots 1, 4, 5, 8, 9, Block 2, of Flint Estates Subdivision. To consider these comer parcels for a commercial designation based only on undesirable traffic and noise in the area is not appropriate to the harmonious planning of the subject area. Rather, the Mixed Use designation with a mix of residential and limited retail and office uses (as recommended by the Commission as a part of CPA-2-04) provides a less intensive transition than Commercial from State Highway to the residential (existing and anticipated) uses to the north. 4. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-8-03) 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 MU-DA (Mixed Use with Development Agreement) is in accordance with the Mixed Use 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 a mixture of residential, and limited retail and office uses on this property under the proposed zone; c. The proposed MU-DA (Mixed Use with Development Agreement) is compatible with the A-R (Agricultural-Residential) zone to the north since this site is intended to function as a transition from State Highway 44 (to the south) to the existing single- family dwellings and anticipated residential uses to be developed in a manner consistent with the Transitional Residential land use designation as shown on the Western Area of Impact land use map recommended for approval by the Commission and; d. The proposed MU-DA (Mixed Use with Development Agreement) is compatible with State Highway 44 and the MU-DA (Mixed Use with development agreement) and PS (Public/Semipublic) zones to the south since this site will be designed to have shared access among the uses, and will be limited to one (1) access point (in alignment with a future Eagle Island State Park entrance) onto State Highway 44 to mitigate potential conflict due to multiple access points in close proximity to one another. The development of the site is conditioned through a development agreement which requires architectural features as well as limitations on the type of uses on the property to those that may be considered compatible with the Camille-Beckman facility on the south side of State Highway 44. e. The proposed MU-DA (Mixed Use with Development Agreement) is compatible with the R-l zone (Residential) to the east since any commercial development of the site will be required to be designed, pursuant to Eagle City Code, with adequate buffers between any proposed commercial developments and the existing residential uses and; f. The proposed MU-DA (Mixed Use with Development Agreement) is compatible with the RUT (Rural Urban Transition - Ada County designation) to the east since that site is anticipated to develop with uses in a manner consistent with the Professional Office land use designation as shown on the Western Area of Impact land use map recommended for approval by the Commission; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; h. No non-conforming uses are expected to be created with this rezone since non are apparent on the site. Page 15 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc DATED this 16th day of August 2004. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE A ,Idaho an ATTEST: ~r~¥- ~ø~ Shar~n K. Bergmann, Eagle C' y Clerk ""'U'U,.,, """,,, OF B4 """ '~4...ç,.~."...... O.J- '" ",.~ .. .. <-.(;> , I ~.. ~t'OR...¡».... ~-:. : I ..9 ~ . .. . ..... ... . . . .. : * : -.- : * : .. . -" .. .. .-=i SEAL ": : ~ ..(' ~'." ~ <.p . 0<".' 0 ~ ~ » ..~ÞOR,\'<,-:'* ~ .." "', -1..... ...".' "-" ':... ...." ",,-lEapY,"...."" """'11"""'" Page 16 of 16 K:\Planning Dept\Eagle Applications\CPA\2003\CPA-3-03 & RZ-8-03 pzf.doc