Findings - PZ - 2006 - RZ-15-06 - Rz From R4 To Cbd-Da/0.45 Acre Site/265 N Eagle Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR REZONE FROM R-4 (RESIDENTIAL )
FOUR UP TO FOUR UNITS PER ACRE) )
TO CBD-DA (CENTRAL BUSINESS )
DISTRICT WITH DEVELOPMENT )
AGREEMENT) FOR IDEAL GROUP, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-15-06
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on August 7,2006. The 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:
Ideal Group, LLC, represented by Jim Meyer, is requesting approval of a rezone from R-4
(Residential four) to CBD-DA (Central Business District with development agreement).
The OA5-acre site is located on the west side of North Eagle Road approximately 500-feet
north of State Highway 44 at 265 North Eagle Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 7:00 PM, May 11, 2006, on site in compliance with
the application submittal requirement of Eagle City Code. The application for this item
was received by the City of Eagle on May 18, 2006
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 June 26, 2006. 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 June 22, 2006. The site was posted in accordance with the Eagle City Code on
July 24,2006. Requests for agencies' reviews were transmitted on May 19,2006, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The applicant has made significant changes to the exterior of the building fac;:ade, interior
improvements to the building, paved the site, and other site improvements without any permits
being submitted to the City for review and approval.
E. COMPANION APPLICATIONS: None
Page 1 of 8
K:\PluIUling D<:rl\Eagj~ Arrli.:atiolls\RZ&A\2006\RZ-15-06 pzf.tl<lI':
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Central Business R-4 (Residential) Single family dwelling
District
Proposed No Change CBD-DA (Central Commercial Office
Business District with Building
development agreement)
North of Central Business R-4 (Residential) Single family dwelling
site District
South of Central Business R-4 (Residential) Single family dwelling
site District
East of site Central Business CBD (Central Business AlbertsonsfEagle
District District) Pavilion Shopping
Center
West of site Residential Four R-4 (Residential) Drain Ditch/Kestrel
Cove Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located within the TDA and CEDA (Transitional and Community Entry
Development Areas).
H. TOTAL ACREAGE OF SITE: 0.45-acres
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on May 18, 2006, provided by
the applicant's representative.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See attached justification letter date stamped by the City on May 18, 2006, provided by
the applicant's representative.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Sewer and water will be provided by Eagle Sewer District and Eagle Water Company
(respectively) through the extension of an existing sewer main and water main.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES:
There is a residential dwelling unit located on this site that has been converted to a
commercial business without the approval of any permits.
Page 2 of 8
K:\PJanning D<:pl\Eagl<: Arrli.:atiolls\RZ&AI2006\RZ-15-06 pzrJ.,l,:
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Ada County Highway District
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Ringert Clark (Drainage District No.2)
O. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Central Business District.
Chapter 6 - Land Use
Central Business District
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A
variety of business, public, quasi-public, cultural, residential and other related uses are
encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are
encouraged. Land within this district requires a CBD zoning designation upon any
rezone.
Chapter 11 - Special Areas and Sites
Central Business District (CBD)
The Central Business District is recognized as a special area due to its historical and
architectural significance. It is recognized as the commercial hub of the community.
The Central Business District is depicted on the Comprehensive Plan Land Use Map.
Emphasis should be given to encouraging new housing in and adjacent to the CBD.
Use of existing houses within the CBD for both residential and commercial purposes
should be encouraged.
State Street/Eagle Road Corridor:
The State Street/Eagle Road Corridor is designated as a Special Area due to its
historical, architectural and scenic significance. This area is depicted on the
Comprehensive Plan Land Use Map.
Chapter 12 - Community Design
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
Page 3 of 8
K:\Planning Depl\Eaglt' Applil.:lItilllls\RZ&A\2006\RZ-15-06 PZf.U\H.:
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.
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. Eagle's
entrance corridors may take on the look of berms built adjacent to the Banbury and
Lexington Hills Subdivisions.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to
show, through the use of pictures and text, specific period architectural styles, themes, and
elements envisioned through the requirements of this article. The EASD book, established
through a resolution of the city council and as may be amended through future
resolution(s), contains all exhibits referenced in this article and is incorporated herein by
reference. However, exhibit A-I may only be modified through an ordinance amendment.
The architecture styles found in the EASD book are permitted styles. Architectural styles
not shown within the EASD book will not be considered. A copy of the EASD book is
available at Eagle city hall.
. Eagle City Code 8-2A-6(D)(3)
Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set
forth below conflict with section 8-2-4 of this chapter, the setback requirements below
shall control:
a. Front building setbacks from the property line shall be a minimum of ten feet (10') to a
maximum of twenty five feet (25').
b. Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten
feet (10') maximum where ties to adjoining structures are not desirable.
. Eagle City Code 8-2A-7(C)
Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the city. Where trees are approved by the city to be removed
from the project site (or from abutting right of way) replacement with an acceptable
species is required as follows:
Page 4 of 8
K:\Plmlllillg J::kpl\Eagle Aprlil:utiolls\RZ&AI2006\RZ-15-06 pzLJtll.:
Existing Tree
Replacement
1 inch to 6 inches caliper
2x caliper of tree removed
6 1/4 inches to 12 inches
1.5x caliper of tree removed
12 1/4 inches or more
Ix caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would
be three (3) 4-inch caliper trees or four (4) 3-inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be
protected from damage to bark, branches, or roots during construction. Construction or
excavation occurring within the drip line of any public or private retained tree or shrub
may severely damage the tree or shrub. Any severely damaged tree or shrub shall be
replaced in accordance with subsection C 1 of this section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces
shall be allowed at a distance from the trunk of a retained tree equal to the diameter of
the tree trunk plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
C. DISCUSSION:
. The rezone will cause the building and site to be in non-compliance with several Eagle City
Codes with regard to setbacks, lot coverage, architectural style, etc.
The site is located within the Transitional Development Area (TDA) and Community Entry
Development Area (CEDA), whereby specific design review elements are required which take
precedence over those criteria in Eagle City Code Section 8-2A-7 (i.e.: setbacks, lot coverage,
plaza areas, storefront glazing, streetscape landscaping and lighting, etc.). Because this parcel
is located in an area identified by the comprehensive plan as Central Business District, it is
anticipated to be rezoned to CBD (Central Business District). Staff believes that the non-
compliance issues will be minimized once the surrounding parcels are rezoned and
commercially developed. The Development Agreement and Design Review process would be
able to incorporate appropriate conditions to minimize any adverse effects on surrounding
parcels.
The applicant should be required to submit a Design Review application for the site (as
required by the Eagle City Code), and should comply with all conditions required by the City
as a part of the Design Review prior to issuance of a certificate of occupancy.
. The parcel exists in a portion of the proposed Central Business District in which it is desired to
provide an alternative to access Eagle Road. As the properties develop in this area, each
property should be required to provide a cross access easement to the north and south abutting
properties, adjacent to the rear property line (western parcel boundary). This would serve to
alleviate traffic conflict points by allowing interconnectivity between parcels rather than
multiple ingress and egress points to Eagle Road. Therefore, the applicant should be required
to enter into a development agreement with the City in order to address this issue.
. With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided to staff to date, staff believes that the proposed rezone is
Page 5 of 8
K:\PILlIlllillg J::kpt\Eaglt: Arrli.:utiolls\RZ&A\2006\RZ- [5-06 pzf.unc
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of CBD-DA is in accordance with the Central
Business District classification shown 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
expected to be provided, to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed rezone is not compatible with the current zoning and uses to the north,
west and south. However, due to the commercial designation within the
Comprehensive Plan, it is anticipated that commercial development will occur in this
area, and, until the adjacent uses redevelop, any commercial development is required,
by the Eagle City Code, to provide adequate buffers between proposed commercial
developments and existing residential uses;
d. The proposed CBD-DA zone (Central Business District) is compatible with the
existing CBD zoning designation and commercial land use to the east;
e. The land proposed for rezone is not located within a "Hazard Area" as described
within the Comprehensive Plan but is within a "Special Area" as described within the
Comprehensive Plan (Central Business District) and if the rezone is approved, the
City should have certainty that through the Design Review process, the goals and
objectives of the central business district special area will be met; and
f. No non-conforming uses are expected to be created with this rezone, if all conditions
required within the development agreement are complied with.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone upon annexation into the Eagle Sewer District central sewer service area.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
7,2006, 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).
COMMISSION DECISION:
The Commission voted 4 to 0 (Jacobs absent) to recommend approval of RZ-15-06 for a rezone from
R-4 (Residential Four - up to four units per acre) to CBD-DA (Central Business District with a
development agreement) for Ideal Group, LLC, with the following staff recommended conditions to be
placed within a development agreement:
2.1. This approval shall limit the use on the Property to "Office". A future application for
redevelopment of this, and adjacent properties will require this Development Agreement to
be modified. Once rezoned to CBD, the use of the Property as residential will be prohibited.
2.2 The Concept Plan 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
Page 6 of 8
K;\P];uming: D~rt\ELlgl~ Arrli.:ati'1I1.~\RZ&A\10C)6\RZ-15-06 pzrJlh:
comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided
as may be required by the City.
2.3 The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
2.4 The owner shall submit a Design Review application for the site and existing building (as
required by the Eagle City Code), and shall comply with all conditions required by Eagle as a
part of the Design Review prior to issuance of a certificate of occupancy.
2.5 The existing building shall be connected to the public water system prior to the issuance of a
Certificate of Occupancy. Documentation from the Eagle Water Company and the
Department of Environmental Quality (Boise Regional Office) indicating that potable water
service has been approved to serve the site prior to the submittal of a building permit.
2.6 The existing building shall be connected to central sewer (Eagle Sewer District) prior to the
issuance of a Certificate of Occupancy.
2.7 The Concept Plan shows sufficient parking for the proposed office use.
2.S The applicant recognizes that the site was paved without approval and without approval of
the site drainage by the City Engineer.
2.9 The building shall not be occupied until Design Review approval is obtained, all changes are
made to the building as required by Design Review, City of Eagle Building Department, State
of Idaho Plumbing and Electrical Bureau, and a valid Certificate of Occupancy is obtained.
2.10 All site and building lighting shall comply with Eagle City Code with regard to height,
screening, type of luminaries, etc. All lighting shall be reviewed and approved by the Design
Review Board prior to any fixtures being installed.
2.11 The applicant shall remove the Re-Max window sign prior to the submittal of a Design
Review application. The City shall not accept a Design Review application until the sign is
removed.
2.12 The applicant shall comply with all requirements of the Ada County Highway District.
2.13 The existing septic system shall be abandoned. Proper permits shall be obtained prior to the
removal of the septic system.
2.14 The existing well shall be disconnected from domestic use converted through rDWR to other
uses or abandoned.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May IS, 2006.
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 June 26, 2006. 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 June 22, 2006. The site was posted in accordance
with the Eagle City Code on July 24, 2006. Requests for agencies' reviews were transmitted on May
19, 2006, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-15-06)
with regard to Eagle City Code Section S-7-5 "Action by the Commission and Council", and based
upon the information provided concludes that the proposed rezone upon annexation is in accordance
Page 7 of 8
K:\Plulllling Dt:pt\Eagle Appliculions\RZ&A \2006\RZ-15-06 pzrJll<':
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of CBD-DA is in accordance with the Central Business
District classification shown 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 expected to be
provided, to serve any and all uses allowed on this property under the proposed zone;
c. The proposed rezone is not compatible with the current zoning and uses to the north, west and
south. However, due to the commercial designation within the Comprehensive Plan, it is
anticipated that commercial development will occur in this area, and, until the adjacent uses
redevelop, any commercial development is required, by the Eagle City Code, to provide
adequate buffers between proposed commercial developments and existing residential uses;
d. The proposed CBD-DA zone (Central Business District) is compatible with the existing CBD
zoning designation and commercial land use to the east;
e. The land proposed for rezone is not located within a "Hazard Area" as described within the
Comprehensive Plan but is within a "Special Area" as described within the Comprehensive
Plan (Central Business District) and if the rezone is approved, the City should have certainty
that through the Design Review process, the goals and objectives of the central business
district special area will be met; and
f. No non-conforming uses are expected to be created with this rezone, if all conditions required
within the development agreement are complied with.
DATED this 21st day of August 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~~,~'?
ATTEST:
".,.......... .
.., Of EA ,'.
.' ..J r,/
," ...c' ......... ~/..'
:- ,.....- -. .
Iv... ~\'ORAr...
. . 0 <S' . .
: Iv ~*..
: .. : ~... : :
i \ E It. L ~: .:
':, ..~_ S l' ~.. 0 :
-. ","'~ :Q. ~
~"" </'.... .~It~o,,~":... ~ I
_ '"A ..... ~ ,- ."
........;T 7'8 Of \ 'v .....
.",.".....",,'
Page 8 of 8
K:\Ph.lllning D.:ptlEagk ArpJi(,;ati')II~\RZ&A\2006\RZ-15-06 pZLJ'l<;