Findings - PZ - 2004 - CPA-1-04 - Cpa To Chg Land Use Desig From R2 To Mu/9.31 Acre/2260 S. Eagle Rd/
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN AMENDMENT FROM
RESIDENTIAL TWO TO MIXED USE
FOR LAGUNA POINTE LLC
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-I-O4
The above-entitled comprehensive plan amendment application came before the Eagle Planning and
Zoning Commission for their recommendation on May 17, 2004, at which time testimony was taken and
the item was continued to June 28, 2004, August 2, 2004, August 9, 2004, and August 10, 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:
Laguna Pointe, 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 Two (up to two dwelling units per
acre) to Mixed Use. The 9.31-acre site is located on the east side of Eagle Road, at 2260
South Eagle Road. An annexation application previously submitted to the City for review
included this property, a 9 .3 I-acre portion of the approximately 117 -acre site.
Note: The applicant withdrew the rezone portion of the application (RZ-4-04) and instead
applied for a modification to the previously approved rezone application for the Laguna
Pointe PUD.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle 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 April 27, 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 April 26, 2004. Requests for agencies' reviews were transmitted on April 23,
2004, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 13, 2004, the Eagle City Council denied an annexation request (A-2-03) for
Laguna Point Subdivision.
On April 27, 2004, the City Council agreed to consider mediation with Laguna Point LLC,
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for Laguna Pointe Planned Unit Development application A-2-03/RZ-2-03/CU-5-
03/PPUD-I-03/PP-3-03. The application was subsequently approved with conditions.
E.
COMPANION APPLICATIONS: RZ-2-03 MOD (Laguna Pointe PUD)
F.
COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to A-R (Agricultural-Residential) & Single-family dwelling,
two dwelling units per RUT (Rural Urban Transition) pasture & gravel
acre maximum) extraction ponds
Proposed Mixed Use MU-DA Mixed Use development
North of site Residential Two (up to RUT (Residential- Ada County South Channel of Boise
two dwelling units per designation) River & Island Woods
acre maximum) Subdivision
South of site Mixed Use RUT (Residential- Ada County Proposed Lakemoor
designation) Residen tial/Commerc ial
development with Public
Park & Boise City
Wastewater facility
East of site Residential Two (up to RUT (Residential- Ada County Proposed Laguna Point
two dwelling units per designation) PUD/South Channel of
acre maximum) the Boise River & Boise
City Wastewater facility
West of site Residential Two (up to A-R (Agricultural-Residential) & Eagle Road (SH 55) &
two dwelling units per LO-DA-P (Limited Office PUD Cottonwood Creek PUD
acre maximum) with Development Agreement) & Agricultural land
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 9.3 I-acre portion of an approximately l17-acre site.
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The letter submitted by the applicant date stamped by the City on April 22, 2004, is
included herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant has provided a copy of a proposed development agreement, of which the
conditions are included in the companion application RZ-2-03 MOD.
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
During the review for the Laguna Point PUD, the Eagle Sewer District stated that the
property would need to be annexed into the District's service area and construction
drawings reviewed by the District, Boise Public Works and the Idaho Department of
Environmental Quality prior to connection to sewer service.
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L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
M.
NON-CONFORMING USES:
Based on the information provided to date, the portion of the site proposed for the
comprehensive plan amendment does not appear to have any uses that will create any
noncompliance issues with any provisions of the Eagle City Code.
N.
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:
Eagle Fire Department
Eagle Sewer District
Idaho Power
O.
LETTERS FROM THE PUBLIC: None received to date.
P.
APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The letter submitted by the applicant date stamped by the City on April 22, 2004, is
included herein by reference.
STAFF ANALYSIS PROVIDED WITIllN THE STAFF REPORT:
A.
COMPREHENSNE 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 3 - Population
3.3
Goal
To promote a high quality oflife and livability in the community.
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3.5
Implementation Strategy
Monitor population growth and employment data to detect significant trends that
will affect the Comprehensive Plan goals, objectives and policies.
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.
Chapter 6 - Land Use
6.1
Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element ofland 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 pattems
remain consistent with goals, objectives and strategies of the Plan.
6.2
Land Use Designations
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within the Central
Business District (CBD). Development within this land use designation should be
required to proceed through the PUD and/or Development Agreement process.
Residential density of up to twenty dwelling units per gross acre may be
considered by the City for this area.
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.
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Chapter 8 - Transportation
8.1
8.2.1
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, modern, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
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.
8.6
Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho
Transportation Department (ITD), Ada County Highway District (ACHD),
Ada Planning Association (AP A), and other agencies that may be responsible
for roadway planning and design.
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 Council or 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
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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:
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:
.
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.
c.
DISCUSSION:
.
The subject property is currently zoned RUT (Ada County designation) and A-R with a
Comprehensive Plan designation of Residential Two (up to two units per acre).
The western portion of this site is currently occupied by a single-family dwelling and
associated accessory structures; the majority of the eastern portion has been used for gravel
extraction for a number of years. The applicant is requesting a Comprehensive Plan
amendment to change this site from a land use designation of Residential Two to Mixed Use
.
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.
and to rezone the property to MU-DA to allow the development of a mixture of office,
commercial, and residential uses. For the purpose of this application, the City may consider
that a goal of this type of development is to provide a neighborhood that fosters a sense of
community. With the location of offices, a restaurant and lake front amenities within walking
distance of residences, people are able to avoid driving to locations outside of their
neighborhood to obtain services, recreation and employment opportunities. While these
attributes in and of themselves do not create a neighborhood, when placed within an
appropriately designed infrastructure, these features may be considered vital to the sense of
community.
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 applicant's justification letter states
that, "Noise, light and car exhaust have vastly impacted this property in a manner that
residential use near Eagle Road, as currently planned by the City, is clearly inappropriate
especially since site constraints severely limit buffering capabilities (narrow frontage,
floodway to north and slough to south)." With the Council's recent action on Cottonwood
Creek (CPA-3-01 & RZ-14-01) on the west side of Eagle Road, the Council determined that
"the noise and air pollution created by the high volume of traffic on Eagle Road diminishes the
desirability for the subject property to be developed solely for residential use." The Council
also felt that because that site was to provide a well designed office complex with park-like
landscaping, those features would aid in mitigating the traffic impacts on existing and future
residential development. With this application, similar architectural attributes could be
required to be incorporated into the design of the site, and because this development would
encounter the same circumstances created by Eagle Road, the City may find that this
application warrants a change to the Comprehensive Plan.
.
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 a mixed use area
would generate (versus the current residential), the public would benefit by the special
commercial lakefront ambiance planned." Residents who live in a neighborhood with
commercial services located in close vicinity may tend to hold a greater sense of identity and
belonging since they interact with others on a regular daily basis within the community. While
this may not appear to be a measurable attribute, the City may consider that this concept, along
with the advantages of an increased taxable base, is a substantial benefit that would result from
the proposed change in the plan.
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, "Residential uses are not appropriate close to Eagle
Road. Due to this and with noise and traffic issues, as well as the current condition of the site,
it appears that the appropriate use of the area of this property closer to Eagle Road would be
non-residential." Again, with reference to the Cottonwood Creek development, the Council
considered that because of the of the need to mitigate increased traffic noise and volume and
because of the unique properties of the land (located between existing development and a
wetlands area), an office complex provided a buffer to existing and future residences to help
remedy the less than desirable characteristics generated by the expansion of Eagle Road. It
should be noted that with the Council's decision on Cottonwood Creek, the characteristics of
that subject site were unique to that property, and as such, does not convey onto other
properties in the proximate area the ability to develop as any use other than residential.
.
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.
However, the City may consider that the constraining features of this site, including the
floodway and Boise River to the north and a slough to the south, limit the ability for the site to
accommodate adequate buffers for residential uses. Further, a well-planned, limited
commercial development abutting Eagle Road may provide a solution to the noise and
pollution created by increased traffic on the roadway, as well as provide unique service
opportunities for nearby residents.
The Idaho Transportation Department is currently conducting a study for the Eagle Road
corridor to determine the appropriate functionality of the roadway, including access and
aesthetic appeal. Because of the narrow frontage of the property along Eagle Road, the
location of a bridge (and guardrail) extending across a major portion of this frontage, and
embankments near the creek (slough) along the southern boundary, access to the site is a major
concern of lTD. The construction of acceleration and deceleration lanes would be hindered
due to the aforementioned features and thus a greater likelihood of traffic conflicts would
emerge in this area. lID has indicated that the Department would not approve direct access
from this parcel to Eagle Road, and that a frontage road should be constructed to the property
to the south (Lakemoor) to eventually connect to Eagle Road in alignment with Co1chester
Drive on the west side of the roadway. The applicant should work with the developer of the
Lakemoor project to the south regarding the design of a connecting roadway between the two
properties and the placement of an intersection on Eagle Road in alignment with Colchester
Drive.
STAFF RECOMMENDATION PROVIDED WITIllN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
comprehensive plan amendment from Residential Two to Mixed Use.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 17,
2004, at which time the item was continued to June 28, 2004, August 2, 2004, August 9, 2004, and
August 10, 2004, and 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 five (5) individuals who felt that the area should remain residential in nature since it is not
compatible with existing and proposed uses on the properties surrounding the site, that the potential for
noise from a commercial use may disturb abutting residential uses, there are safety issues relating to
access onto Eagle Road, and that a restaurant is not appropriate for the area.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicants/representatives) who felt that the mixed use classification is
appropriate for the land adjacent to Eagle Road.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and
Zoning Commission by one (1) individual who did not have a concern with a mixed use concept for
this area but wanted to be involved to see what the development will look like in order to confum that
initial concerns of traffic and noise are appropriately addressed.
E. A letter was presented to the Planning and Zoning Commission on behalf of the property developer to
the south of this parcel which stated opposition to placing commercial uses between two residential
properties, the need for a proportionate mix of commercial uses and residential uses compared to that
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of the proposed development south of the subject site, and that the location of uses should be placed in
a manner which will cause the least amount of conflicts with abutting uses.
COMMISSION DECISION:
The Commission voted 3 to 0 (Lien via telephone, Bandy, Deckers absent) to recommend approval
ofCPA-I-04 for a change on the land use designation on the Comprehensive Plan Land Use Map
from Residential Two (up to two dwelling units per acre) to Mixed Use for Laguna Pointe LLc.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 22, 2004.
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 April 27, 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 April 26, 2004. Requests for agencies' reviews were
transmitted on April 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-04) 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:
A well-planned, limited commercial development abutting Eagle Road provides a solution to the noise
and pollution created by increased traffic on the roadway, as well as provides unique service
opportunities for nearby residents. With the location of offices, a restaurant and lake front amenities
within walking distance of residences, people are able to avoid driving to locations outside of their
neighborhood to obtain services, recreation and employment opportunities. In addition, the
constraining features of this site, including the floodway and Boise River to the north and a slough to
the south, limit the ability for the site to accommodate adequate buffers for residential uses, and as
such, the commercial development abutting Eagle Road provides a buffer to future residences to help
remedy the less than desirable characteristics generated by the expansion of Eagle Road.
DATED this 18th day of October 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~~~~ -ÖL~<¥
Phillip J. B ôy, Chairman 5.;-~ ba::r~
U(-c.e CfiAiÆAI~
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