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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 a P . P 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 I 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. [;�:J a a I LOGN 0 [a) 21R3 N 1.3ur 111-11 IT.111 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. Page I of 7 K kPlanning IfeptTaglc Apple cat6onsiR7AA1,2WMPZ45.,06 Nidd 247 N EA& iRd pzrdm justificationWest O .. ZONING MP PLAN I 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 11 -mil, 1111� f' Lp appri-c—UnI is proposingM.. ,. I4' f 4 , # # to office use at which time no non -conforming uses will exist non-conformingonsite. r ,.. 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 Pape 2 of 7 K Tlmmmn/g UDnptTmee dSp1tC'ss MT;0n1W..&M2tD&6W..-03-161••eit W 2.87 N Eagle Rd pzf doc N N am I &V a ii]019YAiiG A 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 .Zr!.:1Cg ll I I I 71l 1 i F Ill 7 Ill '54 XT, 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: WTipyf_� 91W�Tyy_q ANNOTITAL - J I t"1VWY01K * * ^vxvwwww_ - - - - - . W11WITIKIMARN'Tim- .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 Page 3 of 7 K Tlaril Deptlagle Al;2p1ic&6an&\RZ&A201f.ARZ 05.116 Nickel 247 IN ll Rd pzfdoc 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 {. R'' Ii f . ! . l... r...w R 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 Page 4 of 7 K SPlanning Dcpf -Aoc ppplicaeiona5R7.kh52®161RZ .D.:b, II Cu Niicke;# 247 N Ealloc Rd pzf doc 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 r, "I 41Mt*-AFf�11' "4- 1)6�14 4-1%9_1 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. Page 5 of 7 K Tlawng DeplTaSHe Applicmq6ons4RZ&'At2016\RZ-05-t6 N40 247 N Rogle Rd pxf doe 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. —11--banden-the-exis W-ueWFe te eentfal A00-ster.. 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; Page 6 of 7 K\PlanntngDtpi\EmglcApplicalioiu\RZL,A%2,,�lF.IXZ,(05 MN,,,,W 247 N Eagle KdpL1,d0.x 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 Page 7 of y K Po& bamomg DeplTagle Appliea¢io na'',RZ cA rq,,pf,,tRZ-CS- N6 Nickel :97 N Emee IRd li d dac