Findings - CC - 2008 - CPA-3-08/RZ-7-08 - Cpa From R4 To Cbd/4.01 Acre/N 1St St/N Eagle Rd
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR A COMPREHENSIVE
PLAN AMENDMENT FROM RESIDENTIAL FOUR TO
CENTRAL BUSINESS DISTRICT AND A REZONE FROM
R-4 (RESIDENTIAL) TO CBD (CENTRAL BUSINESS
DISTRICT) FOR LARRY COELHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-3-08 & RZ-7-08
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The above-entitled comprehensive plan amendment and rezone applications came before the Eagle City
Council for their action on August 26, 2008, wherein the item was continued to September 9, 2008, at
which time testimony was taken and the public hearing was closed. The Council made their decision at
that time. 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:
Larry Coelho is requesting a Comprehensive Plan Amendment to change the land use
designation on the Comprehensive Plan Land Use Map for eleven parcels, from
Residential Four (up to four units per acre) to Central Business District, and a rezone from
R-4 (Residential - up to four units per acre) to CBD (Central Business District) for four of
the eleven parcels that are located on both sides of North 1 st Street. The 4.0 I-acre site is
generally located on North 1 st Street and North Eagle Road, north ofIdaho Street, south of
Mission Street, and east of North Eagle Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, March 31, 2008, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on April 1 , 2008.
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 May 28, 29, and 30, 2008. 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 May 5, 2008. Requests for agencies' reviews were transmitted on
May 7, 2008, 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 July 28, August 4, and August 11,2008. 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 4, 2008.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
In 2004, during the Soaring 2025 Western Area Plan Process, the Planning and Zoning
Commission recommended an amendment to the Comprehensive Plan to change the land
use designation on the eastern side of Eagle Road (between Idaho Street and Mission
Drive) from Residential Four to Central Business District to be consistent with the
designation on the west side of Eagle Road. Subsequently, the City Council determined
that the designation of this area as Central Business District should be considered upon the
individual property owners petitioning the City to amend the Comprehensive Plan rather
than as a City initiated amendment.
On June 28, 2005, the Eagle City Council approved a comprehensive plan amendment to
change the land use designation on the Comprehensive Plan Land Use Map from
Residential Four (up to four units per acre) to Central Business District, a rezone from R-4
(Residential up-to four dwelling units per acre) to CBD-DA (Central Business District
with Development Agreement), and a conditional use permit (CP A-I-05/RZ-I-05/CU-l-
05) to construct a residential/commercial development on the south east comer of East
Mission Drive and Eagle Road at 291 North First Street.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four R-4 (Residential- up to four Single-family dwellings on
dwelling units per acre each parcel
maximum)
Proposed Central Business District CBD (Central Business Commercial development*
District)*
North of site Central Business District R-4 (Residential - up to four The Landing Community
dwelling units per acre Center (formerly the Eagle
maximum)** First Baptist Church)
South of site Central Business District CBD (Central Business District) Single-family dwellings
East of site Residential Four (up to four R-4 (Residential- up to four Single-family dwellings
dwelling units per acre dwelling units per acre
maximum) maximum)
West of site Pu b lic/Semi - Pu b I ic/Central PS (Public/Semipublic) Eagle Road/Eagle
Business District Elementary School/Single-
family dwellings
NOTE: The designations and land uses shown are reflective of the general planning and character of the area as the site
is being reviewed as a collective rather than as individual properties.
*The proposed zoning designation of CBD applies to only the four properties as described in this analysis; those
properties not considered for the zoning amendment will remain as R-4 (with a Central Business District
Comprehensive Plan designation). (Map is included herein by reference)
**While the property has been approved for a zoning designation of CBD, the property remains as R-4 pending the
passage of an ordinance to change the designation, as stated in the development agreement.
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
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H. TOTAL ACREAGE OF SITE:
4.0 I-acres for the properties associated with the Comprehensive Plan amendment of which
1.36-acres of the total is for the rezone. The parcels subject to a rezone from R-4
Residential) to CBD (Central Business District) are: 158, 159,230, and 237 N. 1st Street.
I. APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The applicant's letter date stamped by the City on April 1, 2008, is included herein by
reference.
J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The applicant's letter date stamped by the City on April 1, 2008, is included herein by
reference.
K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
At the time of application, there was no formal plan for a specific development on any of
the properties at this time and thus neither a concept plan, nor details for a development
agreement had been provided.
L. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The City has not received any letters from the Eagle Sewer District nor Eagle Water
regarding this proposal. The City, upon any proposed change to any of the sites, will
require review by the appropriate entities for potential impacts to the current system(s). A
service approval letter from each service entity is required prior to the issuance of any
building permits for any of the sites.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. NON-CONFORMING USES:
A number of the subject parcels under consideration for the rezone currently have
accessory structures which appear to either be located on a property line or only a short
distance from the line (a "to scale" drawing has not been provided), placing the structures
within the minimum required setback area for the R-4 zoning district. These deficiencies
constitute a non-conforming use of the property, which would be remedied upon the
rezoning of the properties to CBD and/or the removal of the buildings upon any
development of the site.
O. 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 - Staff report date stamped by the City on May 27, 2008. It
should be emphasized that the conditions listed in the report
may be required at the time that a development is proposed for
any of the parcels.
Chevron Pipeline - no concerns
Idaho Transportation Department - no concerns
P. LETTERS FROM THE PUBLIC:
Letter from Andrew Sarkany P.E., 24777 N. Can Ada Road, Star, ID 83669, date stamped
by the City on May 23, 2008. Mr. Sarkany is the owner of the property at 226 Idaho
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Street and requests that the irrigation ditch along the southern boundary of the property
158 N. 1st Street be tiled.
Letter from Andrew Sarkany P.E., 24777 N. Can Ada Road, Star, ID 83669, date stamped
by the City on May 30, 2008. Mr. Sarkany requests that an access easement be
established between 158 N. 1 st Street and 226 Idaho Street
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The subject properties are currently zoned R-4 (Residential) with a Comprehensive Plan Land
Use Map designation of Residential Four (up to four 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.
a. economically strong with a distinct downtown economic center;
f. an economically strong city that fosters local businesses and clean industry.
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 Economic Development Implementation Strategies
c. Encourage a diversity of uses in the Central Business District.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
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,
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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.
6.3 Land Use Designations
6.3.11 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.
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.
n. Promote commercial service and retail development within the Central
Business District that contributes to a pedestrian friendly environment.
Chapter 12 - Community Design
12.2 Goals
Protecting the City's character; Strive to create an aesthetically pleasing
community and protect the unique natural beauty and small town character of the
City.
12.4 Implementation Strategies
x. Ensure that all commercial uses are designed to be compatible with, and
context sensitive to, residential uses and environmentally sensitive areas.
z. Ensure that commercial development is scaled appropriately to the intended
regional, community and neighborhood use.
aa. Limit non-residential uses to designated areas and make scaling and intensity
of use paramount criteria during the review and approval process.
Chapter 13 -Implementation
13.5 Comprehensive Plan Amendments
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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.
13.7 Imp lementation Strategies
c. Require any person applying for a Comprehensive Plan amendment to
submit a justification letter for the amendment which letter 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: None
C. DISCUSSION:
. The catalyst for this application was the desire of the owner of 237 N. I st Street to establish a
commercial enterprise. In order to facilitate this endeavor, the property would need to be
within a non-residential zoning district and as a precursor, a comprehensive planning land use
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designation commensurate to commercial use. City staff recognized that, due to past City
actions regarding comprehensive planning amendments to the north and west of the site, it was
prudent to consider the inclusion of adjacent properties with this planning exercise, and being
further described below.
. Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3))
within the 2000 Comprehensive Plan the applicant must show, "the condition or situation
which warrants a change being made in the plan." See the applicant's justification letter date
stamped by the City on April 1, 2008.
Eagle Road, fronting three of the subject parcels (240, 262, and 368 N. Eagle Road), has
evolved from a rural roadway to a main entrance into the Central Business District, as may be
evidenced by the increase in traffic volume and the not-so recent improvement of the roadway
with curb, gutter, five-foot wide concrete sidewalk, and tree-lined landscape strip. These
conditions may be considered suitable for the properties along Eagle Road to support uses
such as multi-family, office, and retail uses rather than as traditional single-family dwellings (a
parcel with a front yard adjacent to a minor arterial is not the most suitable location to support
a single-family home). Properties on either side of Eagle Road in this subject area are
changing from single-family residential uses as they have been found to be more conducive to
a mix of commercial and public uses. Furthermore, changes in use have been seen along
Eagle Road north of Mission Street and south of Floating Feather Road, such as Sisters Villa
Senior Housing, Paramount Parks Assisted Living, Spring Creek Assisted Living, and
Lighthouse Dental.
The subject properties on either side of 1 st Street are currently "stacked" between properties
with Central Business District land use designations (or zoning) to the north and south,
creating a planning enclave. This pocketing of differing land use designations tends to
provide both a perception and physical disconnect of a reasonable progression of land use and
development. Ideally and logically, these subject properties may well be more suited for
transformation to commercial and/or a mix of uses to include a residential component that is
conducive to providing a sustainable downtown.
. The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to
identity "the public benefit that would occur from such a change in the plan." See the
applicant's justification letter date stamped by the City on April 1 , 2008.
These properties, in close proximity to the Central Business District, will contribute to a
commercial element that is characteristic of a traditional neighborhood design and a
community environment with unique identity. New commercial uses that may locate to this
area, as well as those existing in the vicinity, will contribute to a pedestrian friendly
environment by allowing residents to easily walk to local establishments. 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 commercial uses in the subject areas to promote pedestrian access from nearby
residences to businesses rather than automobile travel which requires more roadways and
maintenance of those roadways. Further, because sewer and water are immediately available
to the areas, there will be no requirement to extend these services and no additional costs to do
so. The focus should not be to eliminate the residential element completely in these areas but
to provide a mix of uses to reestablish the downtown as a full-service component of the
community; dwellings near the downtown area contribute to an active, livable, and vibrant
downtown since residents will have the opportunity to easily visit local merchants rather than
travel greater distances to obtain goods and services.
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. 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". See the
applicant's justification letter date stamped by the City on April 1, 2008.
There may be other solutions, one being to maintain the status quo. Yet, as evidenced by
previous planning and decisions made in recent years, a trend is developing to slowly change
uses in this area. This amendment is not to encourage residential uses to be removed from the
area and moreover, an introduction of commercial uses will allow greater flexibility and
opportunity in the types of residential uses (multi-family, live/work studios, etc.) that may be
developed. For instance, numerous applications have been made (and approved) to the City to
develop structures that provide retail on the floor level and condominiums or apartments on
the second and third floors.
With the increasing changes being made in the area (new commercial uses, focus on
downtown core planning), it seems unlikely that the subject area will remain as single-family
residences as it may be determined that due to the value and location of the property, single-
family dwellings may not be the highest and best use for the property. A likely solution may
be to change the zoning designation to allow the areas to be improved to accommodate uses
that are both residential and commercial in nature.
. Two pieces of correspondence from Andrew Sarkany P.E. (property owner of 226 Idaho
Street) mention two items for the future development of properties within the area. Mr.
Sarkany has requested that an irrigation ditch be tiled (piped) and that cross-access be
provided between 158 N. 1 st Street and 226 Idaho Street (certainly standard requirements
considered when the City (and other agencies) review plans for development).
Eagle City Code Section 8-10-1 states that a Development Agreement is a discretionary tool
used to 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. This application
does not have a specific use or development plan proposed; the planning process provides
opportunity to require specific improvements either through a Design Review application or
conditional use permit (if required). Yet with multiple properties involved, cross access
among the parcels to provide a cohesive traffic circulation pattern is a valid matter to consider.
A development agreement would not pertain to the comprehensive plan amendment as the
amendment is merely a determination of policy and not an approval to develop; the zoning of
the property would initiate the further development and use of a property. It would also be
appropriate, at the time of formulating a development agreement, to design a master plan of
the parcels in question to establish where, why, and how the parcels will operate with regard to
traffic patterns. With these considerations in mind, staff will defer to the Commission and
Council regarding the initiation of a development agreement as a condition of the rezone to
require cross access among certain properties as well as to require the tiling of the irrigation
ditch (as noted previously), via the rezone application.
. ACHD staff has provided a report that states that the conditions listed therein are premised on
the policies that may be administered by the District upon development of the subject
properties. Typically, ACHD does not condition rezones, rather they wait until a specific plan
(i.e. upon proposed development) is introduced in which to base their requirements. While the
majority of the recommended conditions in the ACHD staff report are certainly appropriate
(such as curb, gutter, sidewalk on 1 st Street), the requirement to construct off-site
improvements, a turn-around at the northern terminus of 1 st Street, may be premature at this
point in time since no development plan, nor land use intensity, has been determined. This
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discussion may be better suited upon the application for development when all parties
involved can meet to discuss requirements commensurate to the proposed development.
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 Four to Central Business District and a rezone
from R-4 (Residential) to CBD (Central Business District) for those particular parcels as described
herein.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 9,
2008, at which time testimony was taken and the public hearing was closed. The item was continued
to June 23, 2008, and July 7, 2008. 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 five
(5) individuals (other than the applicant/representative), some of whom had mixed feelings about
certain aspects of the area including the "big picture" of the area - what it is to be; that the developers
should have provided more information to the neighbors, such as letting them know when surveyors
were going to be on the homeowner's properties; the need to include all neighbors in the planning
process; the need for developers to maintain their properties; the need to preserve certain
characteristics and features - such as trees - in the further development of the area and how change in
and of itself can be upsetting. These individuals also felt that an art community in the area would
make it a special place; the neighbors want to be a part of the process to develop the vision of r the
area to be the "center of things; the city and the chamber have strived to keep the downtown "alive", to
create a sense of place and that the 1 st street/eagle road area is a logical expansion of the CBD.
D. Witten testimony in favor of this proposal was presented to the Planning and Zoning Commission by
one (1) person who felt that positive changes have been made in the City to make the City a beautiful
and family-friendly place to live, and believe that a change for the area around 1 st Street to the CBD
zoning district would be beneficial.
COMMISSION DECISION:
The Commission voted 4 to 0 (McCarrell resigned) to recommend approval of CP A-3-08 & RZ-7-
08 for a change to the land use designation on the Comprehensive Plan Land Use Map from
Residential Four (up to four dwelling units per acre) to Central Business District and a rezone from
R-4 (Residential-up to four dwelling units per acre) to CBD (Central Business District) with
conditions to be included within a development agreement:
The Commission recommended that the Council condition the rezone through a development
agreement to include requiring cross access among parcels on N. 1 st Street and Eagle Road, shared
parking and driveway facilities, and tiling of irrigation ditches upon the development of the
properties.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Council on September 9, 2008, at which time
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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 Council 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).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CP A-3-08 & RZ-7-08 for a change to the land use
designation on the Comprehensive Plan Land Use Map from Residential Four (up to four dwelling
units per acre) to Central Business District and a rezone from R-4 (Residential-up to four dwelling
units per acre) to CBD (Central Business District).
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, March 31, 2008, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on April 1, 2008.
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 May 28,29, and 30, 2008. 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 May 5, 2008. Requests for agencies'
reviews were transmitted on May 7,2008, 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 July 28, August
4, and August 11, 2008. 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 4, 2008.
3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-3-08) 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 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 is considered a public benefit to locate
commercial uses in the subject area to promote pedestrian access from nearby residences to businesses
rather than automobile travel which requires more roadways and maintenance of those roadways.
Further, because sewer and water are immediately available to the area, there will be no requirement to
extend these services and no additional costs to do so, other than by those who will develop the
properties.
Recent changes and conditions in the subject area may be considered suitable for supporting uses such
as multi-family, office, and retail uses rather than strictly as traditional single-family dwellings. The
focus is not to eliminate the residential element completely in this area but to provide a mix of uses to
reestablish the downtown as a full-service component of the community; dwellings near the downtown
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area contribute to an active, livable, and vibrant downtown since residents will have the opportunity to
easily visit local merchants rather than travel greater distances to obtain goods and services.
4. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-7-08) 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 CBD (Central Business District) is in accordance with the
Central Business District classification as recommended to be changed 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 required to be provided, to serve
current and future uses on this property under the proposed zone;
c. The proposed CBD (Central Business District) is compatible with the R-4 zone (Residential) and
CBD (Central Business District) to the north since the subject area will provide a transition of uses
from the predominantly commercial uses to the south to the residential uses to the north, providing
a more reasonable progression of land use and development rather than disconnected pockets of
varying uses; and
d. The proposed CBD (Central Business District) is compatible with the CBD (Central Business
District) zone to the south since the subject area is proposed to develop with commercial uses
blended with either new or existing residential uses that will contribute to sustaining a viable
downtown; and
e. The proposed CBD (Central Business District) is compatible with Eagle Road to the east since this
area will be required to provide shared access points onto Eagle Road to mitigate potential conflict
due to multiple access points in close proximity to one another and, would be compatible with the
western side of Eagle Road since that area is shown on the Comprehensive Plan Land Use Map as
Central Business District and;
f. The proposed CBD (Central Business District) is compatible with the R-4 zone (Residential) to the
west since the redevelopment of the area is required, by Eagle City Code, to be designed with
adequate buffers between proposed commercial developments and existing residential uses and;
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 since development of the
properties is contingent, in part, upon removal of any non-conforming structures or uses prior to
the City approving any Certificates of Occupancy.
DA TED this 21 st day of October 2008.
ATTEST:
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...........',
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K:\Planning Dept\Eagle Applications\CPA\2008\CPA-3-08 & RZ-7-08 ccfdoc