Findings - CC - 2004 - APA-3-03/RZ-8-03 - Rz From R1 To Cmu/Ar To C-2-Da/Mu-Da
BEFORE THE EAGLE CITY COUNCIL
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
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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 application
came before the Eagle City Council for their action on August 30, 2004, at which time testimony was taken
and the item was continued to September 7, 2004. The Eagle City Council 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.
APPLICA nON 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
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
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accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 14, 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 August 11,
2004.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22, 2001, the Eagle City Council approved a conditional use permit (CU-02-01)
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
DESIGNATION 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.
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H.
I.
J.
TOT AL 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.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The letter submitted by the applicant date stamped by the City on October 23,2003, is
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".
K.
A V AlLABILITY 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.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
M.
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.
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:
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
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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.
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.
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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
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.
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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 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
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
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.
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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 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))
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.
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
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
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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
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.
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.
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,ceess PlaR 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 that are f>rof>oseå for C 2 (GeHeral Bl:1siRess 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 aay
portioR of the prof>erty zoBeå C 2 (Gøaefal Bl:1siHess District) the property.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at
the time all 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 poiHts aloHg to State Highway 44 shall be limited to one (1) access point or as
may be further restricted apf>fÐ':ed by the Idaho Transportation Department.
2.6 Access ~ alæg 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 desil]:nation 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
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Drive-in theater
Electronic sales, service. or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Flex Space
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry (with drive UP service)
Live 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. chainsaws. etc)
Storage (enclosed buildinl]:)
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.
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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.
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 recommended conditions
to be included within a development agreement, as shown within their Findings of Fact and
Conclusions of Law document, dated August 16, 2004.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 30, 2004, at which
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time testimony was taken and the public hearing was continued to September 7, 2004. The Council
made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by nineteen (19)
individuals who had concerns that a music school and high density residential uses (such as multi-
family) should not be developed abutting Flint Drive, that high density will have a detrimental effect
on the school system and traffic in the area, that the "rural feel" will be diminished with high density
and small sized lots (less than I-acre), that "cut through" traffic will occur in the abutting residential
neighborhoods, and that higher density will decrease property values of abutting lower density
developments.
C. Oral testimony in favor of this proposal was presented to the City Council by twelve (12) individuals
(not including the applicant/representative) who felt that a music school in the subject area would
provide an educational benefit to people of all ages in the community, the music school will provide
cultural events and family-friendly entertainment, the school will provide economic alternatives and
jobs that otherwise may not be realized, and that the cottages associated with the school will fulfill the
need for affordable housing in the community.
COUNCIL DECISION:
The Council voted 3 to 1 (Sedlacek against) to approve CPA-3-03 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 Mixed Use as shown on the Western Area Plan land use map (CPA-2-04). The
Council voted to approve RZ-8-03 for a rezone from A-R (Agricultural-Residential) to MU-DA
(Mixed Use with Development Agreement) for Lots 1 and 2, Block 1, and Lots 1, 2,4, 5, 6, 8, and
9, Block 2, of Flint Estates Subdivision, with the following Planning and Zoning Commission
recommended conditions to b~ included within a development agreement, with text shown with
underline to be added by the Council and text shown with strikethrough to be deleted by the
Council:
2.1 The Concept Plan (Conceptual Site Plan for Park Side - Exhibit "A" dated September 7.2004.
- attached hereto and incorporated herein) represents the Owner's current concept for
completion of the residential portion of the project. and is subject to the conditions of item
2.13 below. As the Concept Plan evolves, the City understands and agrees that certain
changes in that concept may occur (while maintaining substantial conformance to the layout).
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 an on-site frontage road generally as shown on the concept plan
(Exhibit "B") constructed to serve the parcels adjacent to State Highway 44.
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) for any
commercial uses located adjacent to t-he r-esiàeBtial f>fOf>erties loeateà tEl the Horth aHd east of
the property any property with a residential zoning designation.
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 if required, and
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preliminary plat) and the conditions within this agreement shall be satisfied.
2.5 Access tØ State Highway 44 shall be limiteà tø ODe (1) aeeess fleiDt fer as may be fl:1rther
restricted by the Iàaho TfaRsfJ°rtatioD DØf!artmeHt The applicant shall construct the State
Highway 44 access as proposed pursuant to current roadway engineering standards. The
access is to be 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 In accordance with ECC Section 8-2-1. this development agreement is considered in-lieu of
the PUD (except as conditioned in 2.12 below). 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 considered
Permitted uses on Lots 5 and 8. Block 2. except that the following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities (indoors) - Note: see item 2.8 below
Commercial entertainment facilities (outdoors) - Note: see item 2.8 below
Drive-in theater
Electronic sales, service, or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry (with drive up service)
Live entertainment events - Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height-over 35 feet)
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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 following uses may be allowed as Permitted uses on Lots 5 and 8. Block 2, provided
however. that each use will only be allowed for events solely related to the music/cultural arts
school located on Lot 6. Block 2:
Commercial entertainment facilities (indoors)
Commercial entertainment facilities (outdoors)
Live entertainment events
2.9 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.
2.10 Baeft Excluding the residential subdivision located on Lots 1 and 2. Block 1, all buildings
require design review approval. 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.
2.11 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.
2.12 The Concept Plan (Rivendell Music Academy - Exhibit "B" and including Lot 6. Block 2,
dated August 25. 2004 - attached hereto and incorporated herein) represents the Owner's
current concept for completion of a music/cultural arts school with cottages and related
ancillary uses. 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.
2.13 Lots 1 and 2. Block 1, and Lot 2. Block 2. shall be permitted for development of a residential
subdivision not to exceed 3-dwelling units per acre. Exhibit "A" shows the current concept
plan for the residential subdivision which includes a mix of single-family homes. two unit
town homes and three unit town homes. The residential subdivision shall be submitted as a
Planned Unit Development (PUD).
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2.14 All buildings shall be setback a minimum of 40-feet from the right-of-way line of State
Highway 44. A six-foot (6') wide (asphalt or concrete) meandering sidewalk and curb with
gutter shall be constructed along State Highwav 44 abutting this development.
2.15 The assisted living facility to be constructed on Lot 8. Block 2. shall be limited to one (1) story
and shall not exceed twenty-five feet (25') in height. Architectural features which provide for
habitable space within the attic area (such as dormers and bonus room trusses) are prohibited.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 23, 2003, and a concept
plan on April 22, 2004. The concept plan date stamped by the City on August 25, 2004, is the
approved plan as noted within the development agreement.
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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on August 14,
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 August II, 2004.
3. The Council 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 in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
The Mixed Use designation consisting of a mix of residential and limited retail and office uses
provides a transition from State Highway to the residential (existing and anticipated) uses to the north
and is consistent with the Mixed Use designation approved on the Western Area Plan land use map
(CPA-2-04).
4. The Council 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 approved to be
changed on the Comprehensive Plan Land Use Map (CPA-2-04);
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
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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 Plan land use map approYed for change on the Comprehensive Plan
Land Use Map (CPA-2-04);
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 places
limitations on the type of uses on the property and requires architectural features 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 and as conditioned in the
development agreement, 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 west since that site
is anticipated to develop with uses in a manner consistent with the Mixed Use and High
Density land use designations as shown on the Western Area Plan land use map
approved through CPA-2-04;
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.
DATED this 26th day of October 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
! Ada County, Ida 0
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Page 17 of 17
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