Findings - PZ - 2007 - RZ-18-07 - Rz From Ar To Bp-Da/Construct 5-Unit/14,341 Sq Ft Office/Flex Space Building/1.Acre
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM A-R (AGRICULTURAL )
RESIDENTIALTO BP-DA (BUSINESS PARK )
WITH A DEVELOPMENT AGREEMENT) )
FOR ROBERT L. PEDERSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-18-07
The above-entitled rezone with development agreement application came before the Eagle Planning and
Zoning Commission for their recommendation on October 1,2007, at which time testimony was taken and
the public hearing was closed. 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:
Robert L. Pederson is requesting approval of a rezone from A-R (Agricultural-Residential)
to BP-DA (Business Park with a development agreement) to facilitate the construction of a
five (5) unit, 14,34 I-square foot office/flex space building. The 1.00-acre site is located
approximately 250' feet west of the East Hill Road and Horseshoe Bend Road intersection
at 3055 East Hill Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 23, 2007.
A Neighborhood Meeting was held onsite at 6:00 PM, July 17, 2007, in compliance with
the application submittal requirement of Eagle City Code.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on September 10, 2007. 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 7, 2007. The site was posted in accordance with the Eagle
City Code on September 21,2007. Requests for agencies' reviews were transmitted on
September 7,2007, in accordance with the requirements of the Eagle City Code.
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
DESIGNATION DESIGNATION
Existing Business Park A-R (Agricultural- Single-family dwelling
Residential)
Proposed No Change BP-DA (Business Park with Five unit, 14,341- square
Development Agreement) foot office/flex-space
(office/limited commercial)
building
North ofsite Business Park BP (Business Park) Gravel extraction
South ofsite Business Park RUT (Rural Urban Agriculture
Transition - Ada County
designation)
East of site Business Park A-R (Agricultural- Vacant lot
Residential)
West ofsite Business Park BP-DA (Business Park with Self-storage facility
Development Agreement) (Storage 55-Phase Two)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: I.OO-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on July 23, 2007, provided by the
applicant.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached justification letter date stamped by the City on July 23,2007, provided by the
applicant.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been received. A
letter from the water utility that provides service to the site will be required prior to the issuance of
any building permits on the site.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES: None apparent on-site.
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N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
ITD
Central District Health
Chevron Pipeline
Department of Lands
Eagle Fire Department
Eagle Sewer District
O. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSNE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THlS PROPOSAL:
Business Park
Suitable primarily for the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities, including small-scale
production, distribution, and storage of goods. Support activities may also be permitted.
All development within this land use shall be designed to be within a landscaped setting and
be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare.
Such development should be operated entirely within enclosed structures and generate
minimal industrial traffic. Development within this land use designation should be required to
proceed through the PUD process.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-2-1 BP BUSINESS PARK DISTRICT:
To encourage the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities including small scale
production, distribution and storage of goods. Support activities may also be permitted.
All development within this district shall be designed to be within a landscaped setting,
and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or
glare. Such development shall be operated entirely within enclosed structures, and
generate minimal industrial traffic. All development requiring a conditional use permit in
the BP zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of this
title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged.
Otherwise a conditional use permit shall be required unless the proposed use is shown as a
permitted use in the BP zoning district within section 8-2-3 of this chapter.
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. Eagle City Code, Section 8-10-I(A): REQUIREMENTS AND RESTRICTIONS (for
development agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
C. DISCUSSION:
. Staff believes that a BP-DA (Business Park with development agreement) zoning designation
for this site and the requested use is appropriate since the parcel is designated Business Park as
shown on the City of Eagle 2007 Comprehensive Plan Land Use Map. Lands further to the
south of this site are either approved for Business Park zoning and development or are
proposed for the same. This site is compatible with the sites to the north and east since those
sites are expected to develop in a manner consistent with the Business Park designation as
specified in the City of Eagle 2007 Comprehensive Plan.
· Eagle City Code requires that upon the development of a property and use that requires a
conditional use permit within the BP (Business Park) zoning district, the application must be
administered through the PUD and/or development agreement process. However, since this
site does not meet the minimum acreage requirement often (10) acres to qualitY for a planned
unit development, the conditional use process is to be utilized unless the proposed use is
shown as a permitted use in the BP zoning district within Section 8-2-3 of Eagle City Code.
However, because of the nature of this project, staff believes that the application should be
permitted through a development agreement process similar to the approval of the storage
facility on the site adjacent to the west. A goal of the BP zoning district is to ensure that new
development is compatible with both existing and future development, to be located within a
landscaped setting, and be free of hazardous or objectionable elements such as noise, odor,
dust, smoke or glare. A second purpose is to ensure that properties come together in a
coordinated and well-balanced manner that promote a design character that is in keeping with
an intended theme of the City. While uses that are shown as permitted uses may have
previously been deemed acceptable in the BP zone (pursuant to the "Official Schedule of
District ReguIations"- ECC Section 8-2-3) the site may not grow in a synchronized manner
and an overall style of the development may be diminished. The development agreement
would establish a desired end result of the project at full build out to create a sustainable
development. Further, Eagle City Code states that development agreements allow a specific
project with a specific use to be developed on property that is conditional in the requested
zone. It may be considered that the development agreement will be equal to a conditional use
permit in that it allows for the City to set conditions that require that the development be built
in conformance with the previously discussed goals and objectives and similar to the adjacent
site.
· The applicant has submitted a conceptual drawing of the parcel showing the construction of a
five (5) unit, 14,341 square foot office/flex space (office/limited commercial) building.
Access to the proposed facility is provided from East Hill Road. The parking area has been
designed to accommodate cross access to adjacent properties to the east and west when those
properties are developed.
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. With regard to Eagle City Code Section 8-2-1 "Zoning Districts and Map", a BP (Business
Park) zoning district can be established to encourage the development of technical
park/research and development facilities, offices and office complexes, and limited
manufacturing activities including small scale production, distribution and storage of goods.
Given the relatively small size of the site (1.00-acre), it would be difficult for uses beyond
those such as office space and equipment storage to be realized at this location.
. 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
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of BP-DA (Business Park with a development
agreement) is in accordance with the Business Park designation 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 as conditioned herein, to serve any and all uses allowed on this property under
the proposed zone;
c. The proposed BP-DA (Business Park with a development agreement) is compatible with
the BP-DA (Business Park with a development agreement) zone and land use to the west
since that area is designated on the Comprehensive Plan Land Use Map as Business Park
and a similar use is proposed on the site;
d. The proposed BP-DA (Business Park with a development agreement) is compatible with
the BP (Business Park) zone and land uses to the north since that area can be developed in
a similar manner;
e. The proposed BP-DA (Business Park with a development agreement) is compatible with
the A-R (Agricultural-Residential) zone and land uses to the east since that area is
designated on the Comprehensive Plan Land Use Map as Business Park and can be
developed in a similar manner;
f. The proposed BP-DA (Business Park with a development agreement) is compatible with
the RUT (Ada County designation) zone and land uses to the south since that area is
designated on the Comprehensive Plan Land Use Map as Business Park and can be
developed in a similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. 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 rezone from A-R (Agricultural Residential) to BP-DA (Business Park with a
development agreement) with conditions to be placed within a development agreement as
provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
1,2007, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-I8-07 for a rezone from A-R
(Agricultural Residential) to BP-DA (Business Park with a development agreement) with the
following conditions to be placed within a development agreement:
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and Building
Elevation Plans (Exhibit "B") 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 changes in
the Concept Plan, notice shall be provided as may be required by the City.
2.2 Except for the limitations and allowances expressly set forth above and the other terms
of this Agreement, the Property can be developed and used consistent with the
Business Park District land uses allowed by the Eagle City Code Section 8-2-3
"Official Schedule of District Regulations", existing at the time a design review
application or conditional use permit application (whichever the case may be) is made
for individual building use.
All uses shown as "P" permitted under the BP zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered
permitted uses and all uses shown as "C" conditional uses under the BP zoning
designation shall require a conditional use permit.
The following uses which are shown as "P" permitted uses under the BP zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations shall be permitted uses on the Property:
. Flex space (Laboratories, Printing and/or blueprinting, Industry - custom
and limited, Research and Development, and Research activities)
The following use which is shown as "C" conditional uses under the BP zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations," shall be conditionally permitted uses on the Property:
. Office (Business and Professional)
2.2 The Applicant shall remove the residence and all accessory (secondary) structures
from the site prior to the issuance of any building permits for the site. Demolition
permits shall be obtained prior to the removal of said buildings.
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2.3 Landscape buffering and siting of the facility shall be designed to mitigate the effects
of the development on adjacent residences. All new construction shall be setback
from the eastern and southern property lines a minimum often-feet (10') and those
setback areas shall be landscaped with dense plant material to be reviewed and
approved by design review.
2.4 The building configuration (footprint) shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
2.5 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk
along Hill Road abutting the northern boundary of the site prior to the issuance of a
building permit.
2.6 The Applicant shall submit a Design Review application for the site to the Design
Review Board for review and approval prior to the issuance of any building permits.
2.7 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.
2.8 The Applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the issuance of a building permit for this site.
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on July 23, 2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on September 10, 2007. 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 7, 2007. The site was posted in
accordance with the Eagle City Code on September 21, 2007. Requests for agencies' reviews were
transmitted on September 7, 2007, in accordance with the requirements ofthe Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-18-07)
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 BP-DA (Business Park with a development agreement) is in
accordance with the proposed land use described within the Comprehensive Plan;
b. The proposed BP-DA (Business Park with a development agreement) will accommodate the
placement and construction ofa five (5) unit, 14,341-square foot office/flex space building;
c. The proposed BP-DA (Business Park with a development agreement) is compatible with the
BP-DA (Business Park with a development agreement) zone and land use to the west since that
area is designated on the Comprehensive Plan Land Use Map as Business Park and a self-storage
facility exists on the site;
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d. The proposed BP-DA (Business Park with a development agreement) is compatible with the BP
(Business Park), A-R (Agricultural Residential) and RUT (Rural Urban Transition - Ada County
designation) zones and land uses to the north, east, and south since those areas are designated on
the Comprehensive Plan Land Use Map as Business Park;
e. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone.
DATED this 15th day of October 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Jason Pier ,
Irman
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