Findings - CC - 1997 - RZ-1-97 - Rezone From R5 To C2
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A REZONE FROM R-5 (RESIDENTIAL) TO )
C-2 (COMMERCIAL) FOR EDGE DEVELOPMENT)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-1-97
The above-entitled rezone application came before the Eagle City Council for their action on
March 25, 1997. 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:
Edge Development, represented by BRS Architects, is requesting a rezone from
R-5 (residential 5 units per acre maximum) to C-2 (general business district).
The 4.4-acre site is located on the east side of Eagle Road approximately 600-feet
south of State St. at 174 S. Eagle Road (temp. address).
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 16,
1997.
C.
NOTICE OF PUBLIC HEARING OF THE COMMISSION AND COUNCIL:
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 January 31, 1997. 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 January 24, 1997.
Requests for agencies' reviews were transmitted on January 17, 1997 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 March 7, 1997. 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 February 28, 1997.
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G.
H.
I.
D.
HISTORY OF PREVIOUS ACTIONS:
On March 11, 1996, the City received an application requesting a rezone from R-5
to C-2, and conditional use approval for a multi-building commercial
development located at this site. A letter from the applicant's representative, BRS
Architects, dated April 9, 1996, requested that the application be withdrawn.
E.
COMPANION APPLICATIONS:
Conditional use (CU-1-97) requesting approval of a restaurant with drive-thru and
conditional use (CU-2-97), requesting approval of a multi-tenant commercial
development.
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial R-5 (Residential) Residential dwellings
Proposed Commercial C-2 (Commercial) Multi-tenant commercial
North of site Commercial L-O (Limited Office) Land Group's office and
R-5 (Residential) residential dwellings
South of site Commercial C-2 (Commercial) Albertson's
East of site Commercial and C-2 (Commercial) Residential dwellings
High Density Residential/ R-5 (Residential) and senior housing
Limited Professional Office/
Limited Commercial
West of site Commercial R-5 (Residential) Residential dwellings
DESIGN REVIEW OVERLA Y DISTRICT: TDA (Transitional Development Area)
TOTAL ACREAGE OF SITE: 4.4 (approx)
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
Recent approved rezones abutting this site including R-5 (Residential) to L-O
(Limited office) to the north, and R-5 (Residential) to C-2 (Commercial) to the
east and south. Consistency with the adjacent Albertson's center and the Eagle
Comprehensive plan, which designates this site as commercial. The applicant's
justification letter also states that the proposal does not burden infrastructure and
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O.
does not adversely affect other property in the vicinity.
1.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): nla
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
No letters have been received to date. However, Eagle Water Company, Eagle
Sewer District and Eagle Fire District representatives have stated that services are
available to this site for this development. Letters of approval will be required to
be submitted to the City stating such approval.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance with any provisions of the Eagle City Code as long as the existing
residential dwellings are removed as proposed by the applicant.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Sewer District
Eagle Water Company
LETTERS FROM THE PUBLIC: Letter from Mr. and Mrs. Walker (property owners to
the north) in favor of the proposal.
STAFF ANALYSIS PROVIDED WITillN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
LAND USE - COMMERCIAL
Suitable primarily for the development of a wide range of commercial activities
including offices, retail and service establishments.
NOTE: The comprehensive plan designates this site as commercial as proposed
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by the applicant.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
C. DISCUSSION:
.
It is staff s opinion that the proposed rezone complies with the Comprehensive
Plan.
Based upon the information provided from the agencies having jurisdiction over
the public facilities needed for this site, it is staff s opinion that adequate public
facilities exist to serve any and all uses allowed on this property under the
proposed zone.
It is staff s opinion that the proposed zone is compatible with the zoning and uses
in the surrounding area.
No non-conforming uses will be created with this rezone if the residential use of
the dwellings are discontinued as proposed.
.
.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommended approval of the
requested rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning
Commission on February 24, 1997, at which time testimony was taken and the public hearing
was closed. The Commission made their recommendation at that time.
B. No oral testimony in opposition to this proposal was presented to the Planning and
Zoning Commission.
C. Oral testimony in favor of the application was presented by the applicant's representative
and one other individual before the Planning and Zoning Commission who were in favor of the
proposed rezone for the following reasons: The proposed rezone is consistent with the
comprehensive plan and will encourage development and business activity within the downtown;
adequate services are expected to be provided to the site.
COMMISSION DECISION:
The Commission recommended approval of RZ-1-97 for a rezone from R-5 (residential 5 units
per acre maximum) to C-2 (general business district) for Edge Development.
PUBLIC HEARING OF THE COUNCIL:
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A. A public hearing on the application was held before the City Council on March 25, 1997,
at which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B.
No oral testimony in opposition to this proposal was presented to the City Council.
C. Oral testimony in favor of the application was presented by the applicant's representative
before the City Council who was favor of the proposed rezone for the following reasons: The
proposed rezone is consistent with the comprehensive plan and will encourage development and
business activity within the downtown; adequate services are expected to be provided to the site.
D. Written testimony from Mr. And Mrs. Walker, in favor of the proposal, was read into the
record.
COUNCIL DECISION:
The Council approved RZ-1-97 for a rezone from R-5 (residential 5 units per acre maximum) to
C-2 (general business district) for Edge Development.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 16, 1997.
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 January 31, 1997. 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 January
24, 1997. Requests for agencies' reviews were transmitted on January 17, 1997 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 March 7, 1997. 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 February 28,
1997.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-l-
97) in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and Council"
and has made the following conclusions with regard to the proposed rezone:
4. The proposed rezone is in accordance with the Comprehensive Plan and established goals
and objectives because the proposed zoning designation ofC-2 (commercial) is in accordance
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with the land use designation of Commercial as shown within the Comprehensive Plan, non-
conforming uses will be discontinued as proposed by the applicant, and significant trees are
being preserved and/or replaced as proposed by the applicant and as required by the city, and;
5. 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 as noted
in correspondence from said agencies, and;
6. The proposed zone is compatible with the zoning and uses in the surrounding area since there
is a buffer (Eagle Drain) between this site and the portion of land currently zoned residential
to the north; because this zoning designation will permit similar and compatible uses as the
existing commercial designation and use to the south (Albertson's); because this zoning
designation will be compatible with the proposed commercial designation and commercial
use to the west; and because this zoning designation will be compatible with the multi-family
housing/single family residence to the east since there is a vacant lot between this site and
said development currently existing to the east, and;
7. No non-conforming uses will be created with this rezone if the residential use of the
dwellings are discontinued as proposed.
DATED this 8th day of April, 1997.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
.
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