Findings - PZ - 2016 - RZ-05-16 - Rz From R4 To Cbd/The .33 Acre Site/247 N. Eagle RoadI 1 1V.1 W 0 a
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The above -entitled rezone application came before the Eagle Planning and Zoning Commission for tb
recommendation on July 5, 2016, at which time public testimony was taken and the public hearing w
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closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimon
?nd 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 0.33 -acre site is generally located on the west side of North Eagle Road approximately 675 -
feet north of West State Street at 247 North Eagle Road.
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A Neighborhood Meeting was held on-site at 10:00 AM, on Saturday, April 9, 2016, 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 16, 2016.
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 June 20, 2016. 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 14, 2016. The site was posted in
accordance with the Eagle City Code on June 24, 2016. Requests for agencies' reviews were
transmitted on May 27, 2016, in accordance with the requirements of the Eagle City Code.
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justificationWest
O .. ZONING
MP PLAN
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DESIGNATION S
IGNATION
Downtown R-4 (Residential)
-A
Single-family residence
1
1 r!(CentralBusiness(Office)
oM
:: I (Residential)
Vacant parcel
South of site
CBD (CentralBusiness
Commercial building
District)
office,day-care)
East of
► Iresidences
of site
R4 (Reside ntial)
Single-family residences
See applicant's d.te stampe by the City on May 16, 2016 i to the staff
The property is currently served by an existing private well and the Eagle Sewer District provid
central sewer. i
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appri-c—UnI is proposingM.. ,. I4' f 4 , # # to
office use at which time no non -conforming uses will exist non-conformingonsite.
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,.. following g,, have responded and their correspondence is attached to the staff repo
Comments appear f" f be of special concern are noted below:
Ada County Highway District (via email from Stacey Yarrington, Planner '
Central District Health Department
COMPASS(Community
Idaho ►Ms.!4 Department..Tesoro Logistics NW Pipeline
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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,
.�uasi-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.
0 The site is located with the Old Towne sub -area of the Downtown Planning Area.
OTI: Old Towne Eagle should maintain the quaint feel of a traditional town center; as the acti
community center and community gathering place for the City. The character of Old Towne
generally defined by its pedestrian -scale (attached sidewalks, store fronts with large windows]
the sidewalk, and open space amenities), ensuring context sensitive design complementing t
most significant historic structures. A traditional mix of retail, residential, office, and public uses
to be maintained. State Street should be the focus for the highest intensity of uses in the area.
OT3: Mix of Land Uses: Uses in the Old Towne area should promote mixed use with retail and
commercial on the first floor and office and residential uses on upper floors.
c. Live/work units and cottage retail/commercial should be used at the perimeter of Old Towne
to provide a transition to the predominantly residential areas north of Amanita and Mission
Streets and west of Olde Park Place and Taylor Street.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAU
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not conforil to the regulations of the district in which it is situated.
The following zoning districts are hereby established. For the interpretation of this title the zonirin
fistricts have been formulated to realize the general purposes as set forth in this title. In additio
the specific purpose of each zoning district shall be as follows:
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.1,f the community. A variety of business, public, quasi -public, cultural, residential, and oth
related uses are encouraged. The greatest possible concentration of retail sales and business is
occur in this district. Pedestrian friendly uses and developments are encouraged. I
Eagle City Code Section 8-10- 1: Development Agreements: Requirements and Restrictions:
A. Purpose: Development agreements are a discretionary too] 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
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in the requested zone.
developmentagreementbeinitiated for the rezoningof particular parcel !larili.
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.
w Required by f
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 andset a timelimitfor f' of - development
The commission proceed R. w in this section.
-1. In the event of determination i ! . developmentshould be
entered into, the council shall remand the matter back to the commission for submittal of
the development agreement.M.maydirect the commissionon remand of
matter to the commission. The commission shall then proceed as specified in this section.
4. In the event 4either!-.theabove, required i'thiscode maybestayed upon
affirmative vote ofthe commissionor 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 { includethefollowing:
affidavit1', the owner oftheparcelagreeing tosubmitparcel# <: development
E. 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
.4. A concept plan of the project to be developed on the parcel. The concept plan shall
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7. Any other matter mutually agreeable to the parties
The Comprehensive Plan designates this site as Downtown. applicant requesting
from • • r to CBD Business !istrict) zoning designationto allow for
flexibility to developtheproperty allowedwithin the zone
including r
density residential,commercial,{ office. Althoughww •requestingdevelopment
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agreement be implemented to condition the rezone, staff is recommending a development
agreement be required (pursuant to Eagle City Code Section 8-10-l[B][11[b]) due to the existing
use on the site, access point, parking, and possible future redevelopment.
The applicant has provided a conceptual site plan, date stamped by the City on May 16, 2016,
which shows the existing residential home converted to an office use. Prior to conversion of the
residential dwelling to an office use, the applicant will be required to submit a design review
,2pplication and comply with Eagle City Code, up to and including site landscaping and
Rrcbitectural requirements. The improvements will be required to be completed prior to the
issuance of a Certificate of Occupancy.
As previously noted in the Staff Findings of Fact in section L, Non -Conforming Uses, the
residential dwelling that exists on the site is proposed to be converted into an office. The existing
f welling located onsite should not be utilized as a residential dwelling upon execution of the
ievelopment agreement.
The applicant has indicated within the provided narrative, date stamped by the City on May 16,
F-0 16, that potable water is supplied by a private well. There is a fire hydrant located on the same
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is being converted to an office use the applicant should be required to abandon the existing potable
well and connect the existing structure to central water prior to the adoption of the ordinance to
rezone the property.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
staff to date, staff is recommending the approval of a rezone with a development agreement (Pursuant 4
Eagle City Code 8-10-1[B][1][b]) from R-4 (Residential) to CBD -DA (Central Business District with i
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 July 5,
2016, 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: (Granicus time 17:40)
Upon closing the public hearing, the Commission discussed during deliberation that:
The applicant should be permitted to continue to utilize the existing well until such time the adjacen!
property located north of the subject property is developed.
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The Commission voted 3 to 0 (Smith and Koeliisch absent) to recommend approval of RZ-05-16 for
rezone from R4 (Residential) to CBD -DA (Central Business District with a development agreement) wi
the following staff recommended conditions to be placed within a development agreement with stri
through text to be deleted by the Commission:
3.1 The Concept Plan (Exhibit 13) represents the Owner's current concept for the Project. As tf
Concept Plan evolves, the City understands and agrees that certain changes in that concept m
e
occur or be required. If the City determines that any such changes require additional public comm
due to potential impacts on surrounding property or the community, a public hearing shall be held
any proposed changes in the Concept Plan and notice shall be provided as may be required by t
City.
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 existing dwelling located onsite shall not be utilized as a residential dwelling upon execution of
the development agreement.
3.4 The Owner shall submit a design review application for the site and conversion of the existing
residential home to a commercial use (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 approval prior to receiving a
Certificate of Occupancy for the structure located on and/or constructed on the site.
3.5 The Owner shall provide a cross access agreement with the adjacent property owner to the north.
The cross access agreement shall be executed and recorded prior to the adoption of the ordinance to
rezone the property. In the event the existing 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.
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3.8 Prior to the approval of the rezone ordinance Owner shall pay all fees associated with the
development agreement pursuant to Eagle City Code 1-7-4.
CONCLUSIONS OF LAW:
Commission reviewed it facts and circumstances of this proposed rezone (RZ-05-16)
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;
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b. The information provided from the agencies having jurisdiction over the public facilities needed
forthis site indicateadequate public or are expected , + •provided,
the proposed commercial use on this property under the proposed zone;
c. The proposed CBD (Central Business District) zone is compatible with the R-4 (Residential) zone
and + use to the east since that area may be developed in a similar manner;
commerciald. The proposed CBD (Central Business District) 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
1residential
e. The proposed CBD Business Ristrict) zone is compatible with the R-4 (Residential)zone
and land use to the north since the property may be developed in a similar manner;
f. The proposed CBD (Central Business District) zone is compatible with the CBD (Central Business
!istrict) zone and land use to the southdeveloped + building;
,
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone since the existing residential
dwelling is being converted to a commercial use as required within the development agreement.
A @ @
OF OF
Ada County,Idaho
l:
Trent Wright, Chairman
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