Findings - PZ - 1997 - RZ-2-97 - Rz From R5 To C2 And Lo
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM R-5 (RESIDENTIAL)
TO C-2 (GENERAL BUSINESS DISTRICT)
AND L-O (LIMITED OFFICE DISTRlCT)FoR
MARK N. GooO
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-2-97
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on March 17, 1997. However, the applicant requested a continuance
until the Commission was ready to act on the City initiated Comprehensive Plan amendments.
On August 18, 1997, the Eagle Planning and Zoning Commission heard this item and closed the
public hearing.
The Eagle Planning and Zoning Commission 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:
Mark Guho is requesting a rezone from R-5 (residential) to C-2 (general business
district) and L-O (limited office district). The property is approximately 430-feet
deep. The front 260-feet of the site that fronts State St. is proposed to be rezoned
to C-2 with the remainder of the property to be rezoned to L-O. The site is located
on the northeast corner of Cobblestone Lane and State Street approximately '!4
mile west of Eagle Road. The address of the site is 450 W. State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 13,
1997.
C.
NOTICE OF PUBLIC HEARING:
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 February 28, 1997. Notice of
this public hearing was mailed to property owners within three-hundred feet (300-
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D.
E.
F.
feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on February 21, 1997. Requests for
agencies' reviews were transmitted on February 14, 1997 in accordance with the
requirements of the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS: none
COMPANION APPLICATIONS: Comprehensive Plan Amendment (CPA-1-97)
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing residential R-5 (residential) vacant parcel
Proposed commercial C-2 (general business district) & retail!
(CPA-I-97) L-O (limited office) commercial
North of site residential R-5 (residential) a single
family home
and a duplex
South of site commercial & C-2 (general business district) commercial
high density (Bosanka)
residential
East of site residential R-5 (residential) residential &
offices
West of site residential R-5 (residential) Historic
residential
G.
DESIGN REVIEW OVERLAY DISTRICT:
CEDA (Community Entry Development Area).
H.
TOTAL ACREAGE OF SITE: 2-acres (approximately).
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The requested C-2 zone is complementary toward the existing zoning directly
across State Street at Bosanka Village while the L-O zone would offer a buffer to
the abutting residences. The project would help promote the vitality of downtown
business by bringing additional commerce back towards the downtown area.
The applicant's justification letter also states that all public utilities are existing on
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J.
K.
L.
M.
N.
State St. and the proposal does not burden infrastructure.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (n/a):
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
All utilities and services are existing along State Street (see letters form entities
attached to staff report).
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance with any provisions of the Eagle City Code.
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
Ada Planning Association
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Eagle Water Company
O.
LETTERS FROM THE PUBLIC: None received to date.
ST AFF ANALYSIS:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
This application will require a Comprehensive Plan Amendment. Compo Plan
Amendment CPA-I-97 has been submitted to the City.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
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C.
STAFF DISCUSSION PROVIDED WITHIN THE STAFF REPORT:
.
It is staffs opinion that the proposed rezone is in the best interest of the City since
several of the existing homes between this site and the commercial site to the east
(King's shopping Center) have been converted to office use, and since the
addition of commercial/limited office will add more business activity to the
downtown. The La (Limited Office) zone will provide a good buffer between the
C-2, Commercial Zone, along State Street and the residential zone to the north.
.
Based upon the information provided from the agencies having jurisdiction over
the public facilities needed for this site, it appears that adequate public facilities
exist or can be provided to serve any and all uses allowed on this property under
the proposed zoning designations.
.
It is staff s opinion that the proposed zoning designations are compatible with the
zoning and uses in the surrounding area.
.
Based upon the information provided to staff, no non-conforming uses will be
created with this rezone.
.
The site plan submitted is conceptual only and specific design review applications
will be required and depending upon the proposed uses conditional use permits
may be required
STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT:
If the comprehensive plan is amended as proposed by application number CPA-I-97,
based upon the information provided to staff to date staff recommends approval of the
requested rezone. No actin should be taken until and if the comp plan is amended.
STAFF RECOMMENDATION PROVIDED AT THE AUGUST 18, 1997 COMMISSION
MEETING:
The zoning designation to be approved for this site should be the "Central Business
District" (CBD) designation.
PUBLIC HEARING OF THE COMMISSION:
A public hearing on the application was held before the Planning and Zoning
Commission on August 18, 1997, at which time testimony was taken and the public
hearing was closed.
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A. Oral testimony, which was not against or for the application, was presented by two
individuals before the Planning and Zoning Commission. The individuals were concerned
with additional traffic on Cobblestone and also desired some sort of screening between the
stone house to the west and this site.
B. Oral testimony specifically in favor or against the application was presented by no one.
COMMISSION DECISION:
The Commission voted unanimously to recommended approval of RZ-2-97 for a zoning
designation of "Central Business District" (CBD) if the newly proposed Comprehensive
Plan land use designation of Central Business District is approved by the City Council. If
that new land use designation is not approve by the City Council the Commission
recommends approval of the C-2 (General Business District) and L-O (Limited Office
District) as proposed by the applicant.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 13, 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 February 28, 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 21, 1997. Requests for agencies' reviews were transmitted on February 14, 1997
in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone
(RZ-2-97) 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:
A. The proposed rezone will be in accordance with the Comprehensive Plan and established
goals and objectives if the Comprehensive Plan is amended as proposed by the
Commission as a part of CPA-I-97. The Comprehensive Plan land use designation
proposed by the Commission (CBD) is accordance with the goals and objectives of the
current Comprehensive Plan because it more clearly defines the Central Business District
described within the current Comprehensive Plan and changes this site's land use
designation to the Central Business District destination, and;
B. The information provided from the agencies having jurisdiction over the public facilities
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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 zoning
designation of "Central Business District" as noted in correspondence from said agencies,
and;
C. The proposed zoning destination of "Central Business District" is compatible with the
land uses in the surrounding area since the site to the north and west will be buffered
from this site (as will be required with the design review), and the sites to the south and
east are commercial and office, and;
D. No non-conforming uses will be created with this rezone if the residential use of the
dwellings are discontinued as proposed.
DATED this 2nd day of September, 1997.
ATTEST:
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