Findings - CC - 2004 - RZ-8-04 - Rezone From Ar To Ps For Construction Of Park & Ride Lot/1993 W State St.
OR' Gt NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
REZONE FROM A-R (AGRICULTURAL-RESIDENTIAL)
TO PS (PUBLIC/SEMIPUBLIC) FOR THE
ADA COUNTY HIGHWAY DISTRICT (COMMUTERIDE)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-8-04
The above-entitled rezone application came before the Eagle City Council for their action on October 19,
2004, at which time testimony was taken and the public hearing was closed. The 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:
Ada County Highway District, represented by Doherty & Associates, Inc., is requesting a
rezone from A-R (Agricultural-Residential) to PS (Public/Semipublic) for the construction
of a park and ride lot. The .41-acre parcel is located on the south side of North Ballantyne
Road and north of the intersection of West Highway 44 and West State Street, at 1993
West State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 8, 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 July 26, 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 July 21, 2004. Requests for agencies' reviews were transmitted on July 12,2004,
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 September 28, 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 September 21,
2004.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: (none)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA nON
Existing Mixed Use A-R (Agricultural- Vacant
Residential)
Proposed No Change PS (Public/Semipublic) Park and Ride parking
facility
North of site Mixed Use A (Agricultural) Single-family dwelling &
pasture
South of site Residential Two (up to RUT (Residential- Ada State Highway 44/Pasture
two units per acre County designation)
maximum)
East of site Mixed Use A-R (Agricultural- State Street/City of Eagle
Residential) entry sign
West of site Residential Two (up to RUT (Residential - Ada State Highway 44
two units per acre County designation)
maximum)
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: AI-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The Location Study Report provided by the applicant's representative, dated June 9, 2004,
is incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): Not applicable
K.
A V Ail..ABil..ITY AND ADEQUACY OF UTil..ITIES AND SERVICES:
Letters from the Eagle Fire Department, Eagle Sewer District and Idaho Power state they
have no objection to the proposed rezone.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES: None apparent on the site.
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
Eagle Fire Department
Eagle Sewer District
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Idaho Power
Idaho Transportation Department
United Water
O.
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS
REGARDING THIS PROPOSAL:
WHICH ARE OF SPECIAL CONCERN
Chapter 6
6.7
Chapter 8
8.1
Land Use
Public/Semi Public
Suitable primarily for the development of such uses as golf courses, parks,
recreation facilities, greenways, schools, cemeteries, and public service facilities
such as government offices. Support activities may also be permitted.
All development within this land use is encouraged to be designed to
accommodate the different needs, interests, and age levels of residents in matters
concerning both recreation and civil activities.
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.
q.
If the existing intersections of State Highway 44 and Ballantyne Lane and
State Highway 44 and State Street are eliminated and a new intersection is
constructed approximately 800-feet west of the existing State Highway
44/Ballantyne Lane intersection then the mixed use area shown along the
north side of State Highway 44 from Van Engelen Estates to the Mixed
Use area's west boundary may be developed with uses which will be
controlled by the City with a Development Agreement upon rezoning.
High density residential units will be encouraged in this area (up to 20
dwelling units per acre). However, if the existing intersection
modifications outlined above are not completed, the Mixed Use area
referenced above shall be developed as residential with densities of up to
a maximum of two dwelling units per acre.
Transportation
Background
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
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8.6
Chapter 12
and extensions to the existing routes will be necessary in order to create a fully
integrated, modem, efficient transportation system that will effectively serve the
residents of the City, the business community and the traveling public.
Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
g. The City should be involved in regional or long range transportation planning that
impacts the City.
s. Encourage park and ride lots within the City and Impact Area. Impacts to existing
or planned neighborhoods should be considered.
v.
A Master Plan for the Highway Districts having jurisdiction to consider regarding
the re-construction of the intersections of State Highway 44 and Ballantyne Lane
and State Highway 44 and State Street is incorporated herein by reference (See
Ballantyne/Hwy 44/State Street Master Plan dated March 2, 2000, or updated
version if approved by the City Council).
If the Master Plan is approved by the Highway Districts the phasing of
construction should be as follows:
1. Upon development of the land abutting Ballantyne Lane to the west, right-
of-way should be provided for and the roadway should be constructed to
the west generally as shown as Item #1 on the Master Plan. The
unimproved right-of-way (connecting State Street to Ballantyne Lane)
should be improved as shown as Item #2 on the Master Plan. The
intersections of State Highway 44 and Ballantyne Lane and State Highway
44 and State Street should be eliminated as shown as Items #3 and #4
respectively on the Master Plan.
2. The section of roadway as shown as Item #5 shall not be improved and
right-of-way shall not be acquired unless development is proposed for that
site. If development is proposed right-of-way should be obtained and the
roadway should be constructed generally as shown as Item #5 on the
Master Plan. At that time the roadway shown as Item #2 on the Master
Plan should be eliminated.
3. Financial obligations for the above referenced right-of-way acquisition and
roadway improvements should be determined by the Highway Districts
having jurisdiction.
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
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lasting impressions of the entire community. The City of Eagle has the responsibility
to guide development and redevelopment that occurs along these entryway corridors.
Design review procedures should guide future development and redevelopment of
existing uses. Depending on land uses and buildings, more extensive landscaping
and fewer points of access may be required. The design review process will
afford the opportunity to address the special features of each property and facility
in a manner that will best address the overall intent of enhancing Eagle's
entryways.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2A-7 (K) Parking Lot Landscaping
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of
off street parking,
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a
parking lot is located adjacent to a public right of way. The landscaped strip shall
serve to shield views of parked cars to passing motorists and pedestrians, and to
establish coordination among architecturally diverse buildings, which creates a
pleasing, harmonious appearance along the roadway.
4. Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required
on any parking lot with ten (10) spaces and above.
.
ECC Section 8-3-6 Street Improvements on State Street and Eagle Road:
The city has a substantial investment in the street improvements constructed along
State Street between Ballantyne and Edgewood Lanes and along Eagle Road
between the Highway 55 bypass and Ranch Drive as part of the Eagle downtown
revitalization project. It is essential to the public health, safety and welfare that
any new construction along the designated portions of those streets comply with
the following standards. In addition, State Street and Eagle Road are state
highways and are subject to the jurisdiction both of the Idaho department of
transportation, hereafter defined as "Department", and the Ada County highway
district, hereafter defined as "District". Applications for any building permit for
construction adjacent to the above designated portions of State Street and Eagle
Road shall comply with the following requirements:
B. Curb, Gutter And Sidewalks: Construction of standard six inch (6")
vertical curb and gutter, and five foot (5') sidewalks meeting the department, or
district standards, whichever is applicable, shall be constructed.
c.
DISCUSSION:
.
As noted within the City of Eagle 2000 Comprehensive Plan, the intersections of State
Highway 44, Ballantyne Lane, and State Highway 44, State Street are planned for a new
intersection to be constructed approximately 800-feet west of the existing State Highway 44
and Ballantyne Lane intersection. As indicated in the Ada County Highway District staff
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report, the realignment of this intersection and a possible traffic signal is recognized as
necessary but, due to lack of funding, is currently not within the District's current Capital
Improvements Plan or the Five Year Work Program. With this in mind, the issue arises as to
the effect the new intersection alignment will have on the usability of park and ride lot in the
future. It is anticipated that the new alignment will in fact aid the facility by allowing the
potential for the future expansion of the parking lot due to the amount of right-of-way that
would remain after the elimination of the roadway(s). The park and ride lot would continue to
access State Street (in its current location) via the east-west connection of "Ballantyne Lane".
.
During the rezone application process, the City often initiates a development agreement to
provide a mechanism that allows conditions to be placed on the rezone. With regard to this
application, staff did not initiate a development agreement since the development of the parcel
is 'public' development to be completed by the Ada County Highway District and funded with
Federal grant funds. While site specific conditions of approval may be thought of at this time,
staff believes that conditioning the forthcoming design review application will be adequate
and sufficient enough to ensure the appropriate development of the site.
.
Required improvements to the parking lot will include landscaping, as well as curb, gutter and
sidewalk abutting Ballantyne Lane and State Street. However, as noted within the Ada
County Highway District staff report, the District typically requires developing parcels with
frontage on an arterial roadway to be constructed with a 5-foot detached concrete sidewalk
abutting the site. District staff believes this case is unique since the District is in the
preliminary stages of studying the feasibility of realigning Ballantyne Road and State Street
and recommends that an 8-foot wide asphalt shoulder be constructed abutting the site in lieu of
the sidewalk on both Ballantyne Lane and State Street. This detail would be decided
subsequent to the receipt of a development application (Design Review) by the District and
would require Commission action on the policy modification. With this in mind, City staff
believes that the most appropriate time to deal with these types of site specific conditions is
upon the submittal and review of a design review application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
16, 2004, at which time testimony was taken 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (1) individual with questions "regarding the future roadway alignment of
State Street and Ballantyne Lane, and what benefits, if any, that the community would gain with the
location of a park and ride lot on the subject site.
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-8-04 for a rezone from A-R
(Agricultural-Residential) to PS (Public/Semipublic) for the Ada County Highway District
(Commuteride).
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 19, 2004, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative ).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-8-04 for a rezone from A-R (Agricultural-Residential) to
PS (Public/Semipublic) for the Ada County Highway District (Commuteride).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 8, 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 July 26, 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 July 21, 2004. Requests for agencies' reviews were
transmitted on July 12,2004, 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 September 28,
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 September 21,2004.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-8-04) 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 PS (Public/Semipublic) is in accordance with
the Comprehensive Plan and established goals and objectives because the PS
zoning district permits the use of a public parking facility on the site. A rezone of
the property from A-R to PS is a benefit to the community since the proposed
Park and Ride facility encourages an alternative method of transportation which
in turn supports air quality improvement measures, both of which are goals
outlined in the Comprehensive Plan;
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
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expected to be provided, to serve a Park and Ride parking lot on this property
under the proposed zone;
c. The proposed zoning designation of PS (Public/Semipublic) is compatible with
Ballantyne Lane and the A (Agricultural) zone to the north since this site will
compliment uses consistent with the Mixed Use zoning district anticipated to be
developed in accordance with the Mixed Use designation as indicated on the
Comprehensive Plan land use map;
d. The proposed zoning designation of PS (Public/Semipublic) is compatible with
State Street and the A-R (Agricultural-Residential) zone to the east since this site
will be required to be designed with landscaping to screen parked vehicles from
the view of passing vehicles and pedestrians and that is complimentary to that of
the landscaping and City of Eagle entry sign located east of this site;
e. The proposed zoning designation of PS (Public/Semipublic) is compatible with
State Highway 44 and the RUT (Rural Urban Transition - Ada County
designation) zone to the south and west since this development will be required to
install landscaping to screen parked vehicles from the view of passing vehicles
and pedestrians and to mitigate any potential vehicle noise and glare that may be
emitted from this site. In addition, the Park and Ride facility will aid in reducing
traffic volumes on State Highway 44 since motorists passing by will have the
opportunity to carpool and eventually, to travel via a public bus system;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
DATED this 9th day of November 2004.
CITY COUNCil..
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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Sharon K. Bergmann, Eagle City 0 rk
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