Findings - CC - 2015 - RZ-02-15 - Rz From R-4 To Cbd/0.137 Acre203 N Eagle RoadBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM R -4 (RESIDENTIAL)
TO CBD (CENTRAL BUSINESS DISTRICT)
FOR SHAWN NICKEL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ -02 -15
The above - entitled rezone application came before the Eagle City Council for their action on May 26,
2015, the application was continued to June 9, 2015, at which time public testimony was taken and the
public hearing was closed. 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:
Shawn Nickel is requesting a rezone from R -4 (Residential) to CBD (Central Business District).
The 0.137 -acre site is located on the west side of North Eagle Road approximately 500 -feet north
of West State Street at 203 North Eagle Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on -site at 6:00 PM, Thursday, December 18, 2014, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on March 3, 2015.
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 March 30, 2015. Notice of this public hearing was mailed to property owners within
three- hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on March 27, 2015. The site was posted in
accordance with the Eagle City Code on April 9, 2015. Requests for agencies' reviews were
transmitted on March 6, 2015, 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 with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
May 4, 2014. 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 17, 2014. The site was posted in accordance with the
Eagle City Code on May 16, 2014.
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:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 0.137 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached applicant's justification letter date stamped by the City on March 3, 2015 (attached to
the staff report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is currently served by Eagle Water Company (potable water) and Eagle Sewer
District (central sewer).
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON - CONFORMING USES:
The existing residential dwelling unit located on the site was converted to an office. The request
for the rezone is to recognize the office use as a permitted use.
M. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Eagle Fire Department
Tesoro Logistics NW Pipeline
N. LETTERS FROM THE PUBLIC: None received to date.
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COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Downtown
R -4 (Residential)
Single - family residence
(converted to an office)
Proposed
No Change
CBD (Central Business
District)
Commercial (Office)
North of site
Downtown
CBD (Central Business
District)
Commercial (Daycare)
South of site
Downtown
R -4 (Residential)
Single- family residence
East of site
Downtown
R -4 (Residential)
Single- family residence
West of site
Downtown
R -4 (Residential)
Single - family residence
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 0.137 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached applicant's justification letter date stamped by the City on March 3, 2015 (attached to
the staff report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is currently served by Eagle Water Company (potable water) and Eagle Sewer
District (central sewer).
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON - CONFORMING USES:
The existing residential dwelling unit located on the site was converted to an office. The request
for the rezone is to recognize the office use as a permitted use.
M. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Eagle Fire Department
Tesoro Logistics NW Pipeline
N. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The site is designated as Downtown on the Comprehensive Plan Land Use Map.
6.3.12 Downtown
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 is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed
Use, Residential, Commercial and Professional Office.
• The site is located with the Old Towne sub -area of the Downtown Planning Area.
OT1: Old Towne Eagle should maintain the quaint feel of a traditional town center; as the active
community center and community gathering place for the City. The character of Old Towne is
generally defined by its pedestrian-scale (attached sidewalks, store fronts with large windows at
the sidewalk, and open space amenities), ensuring context sensitive design complementing the
most significant historic structures. A traditional mix of retail, residential, office, and public uses is
to be maintained. State Street should be the focus for the highest intensity of uses in the area.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• CBD Central Business District:
To accommodate and encourage further expansion and renewal in the historic 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 occur
in this district. Pedestrian friendly uses and
• Eagle City Code Section 8 -1 -2 defines Nonconforming Use as:
A building, structure or use of land existing at the time of enactment of this title, and which does
not conform to the regulations of the district in which it is situated.
• Eagle City Code Section 8- 4 -4 -3: Joint/Collective Parking Facilities:
A. Off street parking spaces required by this chapter for any specific use shall not be considered as
providing parking spaces for any other use except where a joint/collective parking facility has
been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or exceed
the level that can be expected if a joint/collective parking facility was not requested;
and
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e. If a public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by the
applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8- 4-4 -1A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are in
operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to the
provisions of this chapter, shall be recorded in the office of the county recorder and copies
thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or
prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall
include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon fmdings by the city council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in an
effort to assure compliance with this title.
The zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent (20 %) of the sum of the number of spaces required
for each use only if the provisions of this chapter have been met. The maximum allowable
reduction in the number of spaces to be provided shall not exceed twenty percent (20 %) of
the sum of the number required for each use served unless a conditional use is approved
by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking facility
unless substitute parking facilities are provided.
• Eagle City Code Section 8 -7 -2: Zoning Permits and Certificates of Occupancy:
B. Certificates Of Occupancy:
1. Certificate Of Occupancy Required: It shall be unlawful to use or occupy or permit the use
or occupancy of any building or premises, or both, or part thereof thereafter created,
erected, changed, converted or wholly or partly altered or enlarged in its use or structure
until a certificate of occupancy shall have been issued therefor by the administrator stating
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that the proposed use of the building or land conforms to the requirements of this title and
with all conditional provisions that may have been imposed.
• Eagle City Code Section 8 -10 -1: Development Agreements: Requirements and Restrictions:
A. 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.
B. Initiation Of Development Agreement:
1. A development agreement may be initiated for the rezoning of a particular parcel of land
or collection of parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
c. On recommendation of the commission.
d. Required by the council.
2. In the event of a determination by the commission that a development agreement should be
entered into, the commission shall retain jurisdiction of the matter, defer consideration of
the rezone applied for and set a time limit for submittal of the development agreement.
The commission shall then proceed as specified in this section.
3. In the event of a determination by the council that a development agreement should be
entered into, the council shall remand the matter back to the commission for submittal of
the development agreement. The council may direct the commission on remand of the
matter to the commission. The commission shall then proceed as specified in this section.
4. In the event of either of the above, all time limits required by this code may be stayed upon
affirmative vote of the commission or council.
C. Form Of Development Agreement: A development agreement shall be in the form required by
the zoning administrator. No agreement shall be accepted by the zoning administrator which
does not include the following:
1. An affidavit by the owner of the parcel agreeing to submit the parcel to a development
agreement.
2. The specific use or uses of the parcel for which the development agreement is sought.
3. The allowed or conditional use in the conditional zone for which application has been
made.
4. A concept plan of the project to be developed on the parcel. The concept plan shall
include:
a. A description of the density allowed or sought; and
b. Maximum height, size, and location of any structures on the property.
5. The time required to begin the use on the property.
6. A statement by the owner of the parcel that failure to comply with the commitments in the
development agreement shall be deemed consent to rezone the use to the preexisting zone
or, in the case of an initial zone at annexation, a zone deemed appropriate by the council.
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7. Any other matter mutually agreeable to the parties.
C. DISCUSSION:
The Comprehensive Plan designates this site is Downtown. The applicant is requesting a rezone
from R -4 (Residential) to CBD (Central Business District) zoning designation to allow for a
professional office to remain on -site. Although the applicant is not requesting a development
agreement be implemented to condition the rezone, staff is recommending a development
agreement be required (pursuant to Eagle City Code Section 8- 10- 1[B][1][b]) due to the existing
use on the site, access point, parking, and possible future redevelopment.
Access and parking for the uses located on the site will be provided from the adjacent property
located north of the subject site. The adjacent property located north of the subject property is also
owned by the applicant. The site currently has an access point (driveway) located at the southeast
corner of the property which provides access to a detached garage /storage building that is to
remain on the property until the unused portion of the property is redeveloped. ACRD provided
correspondence, date stamped by the City on March 24, 2015, which states that Eagle Road is
classified as a minor arterial roadway, and as such, access is typically restricted. ACHD staff
recommended that the driveway located at the southeast corner of the property be allowed to
remain in its current configuration to provide access to the garage /storage unit. Upon
redevelopment of the site, the applicant may be required to close the driveway onto Eagle Road.
The adjacent property located to the north currently identifies cross access to the subject property.
Because full development of the site has not yet occurred allowing for the rear adjoining access to
be completed, staff recommends that the applicant be allowed temporary access for the
garage /storage building via the existing access from Eagle Road and that access and parking for
the commercial building be taken from the adjacent property located north of the subject property.
The temporary access from Eagle Road will be allowed until such a time that the preferred rear
access to the property is developed.
As previously noted in the Staff Findings of Fact in section L, Non - Conforming Uses, the
residential dwelling that existed on the site was converted into an office. The applicant did not
submit a design review application for converting the existing residential home to a commercial
use. Also, the applicant did not obtain a building permit nor were there any inspections conducted
prior to the completion of any improvements that may have been completed while converting the
use of the structure from a residence to a commercial use. Pursuant to Eagle City Code, it is
unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or
part thereof created, erected, changed, converted or wholly or partly altered or enlarged in its use
or structure until a certificate of occupancy has been issued by the administrator stating that the
proposed use of the building or land conforms to the requirements of Title 8 and with all
conditional provisions that may have been imposed. The applicant should be required to submit a
design review application for the site and office building to be reviewed and approved by the
Design Review Board prior to issuance of a zoning permit. Upon design review approval the
applicant should work with the City of Eagle Building Department to obtain a certificate of
occupancy for the office. The certificate of occupancy should be obtained within 90 -days
following design review approval. Should a certificate of occupancy not be obtained within the 90-
day timeframe the City should move forward with enforcement of the building code violation
(conversion of the residence to a professional office without a building permit).
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Although the applicant is not requesting a development agreement, based upon the information provided to
staff to date staff is recommending the approval of a rezone with a development agreement (Pursuant to
Eagle City Code 8- 10- 1[B][1][b]) from R -4 (Residential) to CBD -DA (Central Business District with a
development agreement) with conditions to be placed within a development agreement as provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
20, 2015, 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 DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• A development agreement should be required due to the existing office use on the site, proposed
shared parking, shared access, and the timing for removal of the existing access to the site.
COMMISSION DECISION:
The Commission voted 3 to 0 (Smith and Villegas absent) to recommend approval of RZ -02 -15 for a
rezone from R -4 (Residential) to CBD -DA (Central Business District with a development agreement) with
the following staff recommended conditions to be placed within a development agreement as provided
within their findings of fact and conclusions of law dated May 4, 2015.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was scheduled before the City Council on May 26, 2015; the
hearing was continued to June 9, 2015, at which time testimony was taken and the public hearing was
closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ -02 -15 for a rezone from R -4 (Residential) to CBD -DA (Central
Business District with a development agreement) for Shawn Nickel with the following Planning and
Zoning Commission recommended conditions to be placed within a development agreement:
3.1 The Concept Plan (Exhibit B) represents the Owner's current concept for the Project. As the
Concept Plan evolves, the City understands and agrees that certain changes in that concept may
occur or be required. 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 and notice shall be provided as may be required by the
City.
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3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding design review,
building permits, preliminary and final plat reviews, and/or any conditional use permits, if
applicable, and any other applicable applications as may be required by the Eagle City Code, which
shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
3.3 The Owner shall submit a Design Review application for the site and existing office (as required by
Eagle City Code) and shall comply with all conditions required by the City of Eagle as a part of the
Design Review prior to receiving a Certificate of Occupancy for any structure located on and/or
constructed on the site.
3.4 The Owner shall work with the City of Eagle Building Department to obtain a certificate of
occupancy for the existing office. The certificate of occupancy shall be obtained within 90 -days
following the approval of the design review. Should a certificate of occupancy not be obtained
within the 90 -day timeframe the City will move forward with enforcement of the building code
violation (conversion of the residence to an office without a building permit).
3.5 The existing access point to the property from Eagle Road is temporary and shall be removed at such
time that the garage /storage building is removed or the unused portion of Property is developed,
whichever occurs first. The Owner shall provide a cross access agreement with the adjacent property
owner to the north. The cross access agreement shall contain language for the removal of the existing
access point based on removal of the garage /storage building or the unused portion of the Property is
developed, whichever occurs first. The cross access agreement shall be reviewed and approved by
the City Attorney and shall be executed and recorded prior to the adoption of the ordinance to rezone
the property. At such time the access point is removed, the Owner will be required to close the
existing curb -cut driveway and replace it with vertical curb and gutter.
3.6 The Owner shall show that adequate parking is provided based on the size and uses proposed to be
located on the site. If adequate onsite parking does not exist the Owner shall work with the adjacent
property owner located to the north of the Property to establish a joint/collective parking facility
pursuant to Eagle City Code. The joint/collective parking facility agreement shall be reviewed and
approved by the City Attorney prior to issuance of a building/zoning permit, or prior to issuance of a
certificate of occupancy, whichever occurs first.
3.7 Prior to the approval of the rezone ordinance the applicant shall pay all fees associated with the
development agreement pursuant to Eagle City Code 1 -7 -4.
3.8 Owner shall comply with all requirements of the Ada County Highway District (ACHD) as
applicable including but not limited to location of ingress /egress access point(s).
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on -site at 6:00 PM, Thursday, December 18, 2014, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on March 3, 2015.
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 March 30, 2015. Notice of this public hearing was mailed to property owners within three -
hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on March 27, 2015. The site was posted in accordance
with the Eagle City Code on April 9, 2015. Requests for agencies' reviews were transmitted on March
6, 2015, in accordance with the requirements of the Eagle City Code.
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Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 4, 2014.
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 17, 2014. The site was posted in accordance with the Eagle City Code on May 16,
2014.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ- 02 -15) 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 consistent with the
Downtown designation as 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 CBD -DA (Central Business District with a development agreement) zone is compatible with
the R -4 (Residential) zone and land use to the east since that area may be developed in a similar
manner;
d. The CBD -DA (Central Business District with a development agreement) zone is compatible with
the R -4 (Residential) zone and land use to the west since the applicant will be required to provide
a buffer between the commercial and residential uses;
e. The CBD -DA (Central Business District with a development agreement) zone is compatible with
the CBD (Central Business District) zone and land use to the north since a commercial use
(daycare) is located on the site;
f. The CBD -DA (Central Business District with a development agreement) zone is compatible with
the R -4 (Residential) zone and land use to the south since that area may be development in a
similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h. The office use currently occurring on the site will become a permitted upon approval of this rezone
application and a subsequent design review application as required herein. Therefore, no non-
conforming uses are expected to be created with this rezone.
DATED this 23rd day of June 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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ames D. Reyn lds, /mayor
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Sharon k. Bergmann, Eagle City Jerk
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