Findings - CC - 2016 - RZ-05-16 - Rezone From R4 To CbdBEFORE 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-05-16
The above -entitled rezone application came before the Eagle City Council for their action on August 9,
2016, 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 0.33 -acre site is generally Iocated on the west side of North Eagle Road approximately 675 -
feet north of West State Street at 247 North Eagle Road.
B. APPLICATION SUBMITTAL:
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.
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 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.
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
July 4, 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 30, 2016. The site was posted in accordance with the
Eagle City Code on July 15, 20I6.
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: 0.33 -acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on May 16, 2016 (attached to the staff
report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is currently served by an existing private well and the Eagle Sewer District provides
central sewer.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON -CONFORMING USES:
The applicant is proposing to convert the existing residential dwelling unit located on the site to an
office use at which time no non -conforming uses will exist onsite.
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 (via email from Stacey Yarrington, Planner III)
Central District Health Department
COMPASS (Community Planning Association)
Idaho Transportation 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
R4 (Residential)
Single-family residence
Proposed
No Change
CBD (Central Business
District)
Commercial (Office)
North of site
Downtown
R-4 (Residential)
Vacant parcel
South of site
Downtown
CBD (Central Business
District)
Commercial building (retail,
office, and day-care)
East of site
Downtown
R4 (Residential)
Single-family residences
West of site
Downtown
R4 (Residential)
Single-family residences
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 0.33 -acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on May 16, 2016 (attached to the staff
report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is currently served by an existing private well and the Eagle Sewer District provides
central sewer.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON -CONFORMING USES:
The applicant is proposing to convert the existing residential dwelling unit located on the site to an
office use at which time no non -conforming uses will exist onsite.
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 (via email from Stacey Yarrington, Planner III)
Central District Health Department
COMPASS (Community Planning Association)
Idaho Transportation 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.
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 PROPOSAL:
• 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 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
CBD Central Business District:
To accommodate and encourage further expansion and renewal in the historical 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 district. Pedestrian friendly uses and developments are encouraged.
• 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
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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.
7. Any other matter mutually agreeable to the parties
C. DISCUSSION:
0 The Comprehensive Plan designates this site as Downtown. The applicant is requesting a rezone
from R-4 (Residential) to CBD (Central Business District) zoning designation to allow for
flexibility to develop the property in the future with uses allowed within the zone including higher
density residential, commercial, and office. Although the applicant is not requesting a development
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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-I0-1[B][1][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
application and comply with Eagle City Code, up to and including site landscaping and
architectural 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
dwelling located onsite should not be utilized as a residential dwelling upon execution of the
development agreement.
The applicant has indicated within the provided narrative, date stamped by the City on May 16,
2016, that potable water is supplied by a private well. There is a fire hydrant located on the same
side of Eagle Road approximately 260 -feet north of the site. Since the existing residential dwelling
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:
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][]][b]) from R4 (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 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 adjacent
property located north of the subject property is developed.
COMMISSION DECISION:
The Commission voted 3 to 0 (Smith and Koellisch absent) to recommend approval of RZ-05-16 for a
rezone from R4 (Residential) to CBD -DA (Central Business District with a development agreement) with
conditions to be placed within a development agreement as provided within their findings of fact and
conclusions of law dated June 18, 2016.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 9, 2016, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-05-16 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 with underline
text to be added by the Council and strike through text to be deleted by the Council:
3.1 The Concept Plan (Exhibit H) represents the Owner's current concept for the Project. As the
Concept Pian 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.
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. In the event Owner cannot convert the existing -dwelling to a
commercial use the existing single-family dwelling shall be a permitted use.
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 shaII 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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3.7
caner shall provide a stub for central water from the existin
structure to North Eagle Road. The existing structure shall be constructed to central water no later
than August 9, 2021.
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.
3.9 The Owner shall show that ade uate 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
roe owner located to the south of the Property to establish a joint/collective paTking facili
pursuant to Eagle City Code. The 'oint/collective varking facili agreement shall be reviewed and
approved -by the City Attorney Prior to issuance of a buildingLzoning 12ennit.or prior to issuance of a
certificate of occupancy, whichever occurs first.
3.10 Excent for the limitations and allowances expressly set forth herein and the other terms of this
Agreement, the PropeM can be developed and used consistent with the Central Business District
CBD land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations". existing at the time a desigg review aimlication or conditional use permit anplication
(whichever the case may be) is made for individual building use.
All uses shown as "P" permitted under the CBD zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered ermitted uses and all uses
shown as "C" conditional uses under the CBD zoning designation shall re uire a conditional use
permit, except that the da care center glayground associated with the daycare center use located at
223 North Eagle Road) Exhibit D) located on Property shall be a permitted use.
In addition to all other uses prohibited within said section of Eagle Ci Code and on the entire
Prot3erty as noted above the following uses which are shown as "C" conditional uses under the CBD
zoning designation within Eagle Ci Code Section 8-2-3 "Official Schedule of District
Regulations." shall be prohibited uses on the Property:
■ Ambulance Service:
■ Clinic:
• Laundromat;
■
Laundry,•
■ Restaurant.
Upon connection of the structure to a central water system the Property can be developed and used
consistent with the Central Business District (CBD) land uses allowed by the Eagle Ciry Code
Section 8-2-3 "Official Schedule of District Regulations".
3.11 Owner shall grovide a Joint use agreement with the ntol2eg owner to the south Exhibit E to
allow the existing daycare center playground to remain at the current location on the Pro e . The
ioint use aereement shall be reviewed and approved by staff and the city attorney prior to execution
of the agreement.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular 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
for this site indicate that adequate public facilities exist, or are expected to be provided as
conditioned herein, to serve the proposed commercial use on the property under the proposed
zone;
c. The proposed CBD (Central Business District) 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 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
commercial and residential uses;
e. The proposed CBD (Central Business District) 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
District) zone and land use to the south since that area is developed with a commercial 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.
DATED this 271h day of September, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co r, Idaho „
Stan Ridgeway, Mayor
••��auuua,aa��
F EAC
ATTEST: 4%•.A,� 0......•'C�'•,.
Sharon K. Bergmann, Eagle City Ierk = v !•�
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