Findings - CC - 1998 - RZ-3-98 - Rezone From R4 To Cbd/0.3 Acre Site 79 E Aikens Rd
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM R-4 (RESIDENTIAL) TO CBD
(CENTRAL BUSINESS DISTRICT) FOR
JAMES BEARD
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-3-98
The above-entitled rezone application came before the Eagle City Council for their action on
August 11, 1998. 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:
James Beard, represented by James Gipson, is requesting a rezone from R-4
(Residential) to CBD (Central Business District). The O.3-acre site is located on
the south side of Aikens Road approximately 250-feet east of Eagle Road at 79
East Aikens Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 30, 1998.
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 May 15, 1998. 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 May 14, 1998. Requests for agencies'
reviews were transmitted on May 1, 1998 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 July 24, 1998. 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 July 27, 1998.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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E.
F.
COMPANION APPLICATIONS: Design Review (DR-12-98)
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District R-4 (residential) Residence with home
occupation
Proposed No Change CBD (Central Business Office
District)
North of site Central Business District R-4 (residential) Residences
South of site Central Business District CBD (Central Business Eagle Plaza Shopping
District) Center
East. of site Central Business District R-4 (residential) Residences
West of site Central Business District R-4 (residential) Residences
G.
DESIGN REVIEW OVERLAY DISTRICT: DDA (Downtown Development Area)
H.
TOTAL ACREAGE OF SITE: 0.3-acres
I.
APPLICANT'S STATEMENT OF mSTIFICATION FOR THE REZONE:
"The parcel is located in an area which is rapidly changing from residential to a
commercial usage, and is no longer desirable as a single-family residence. Other
adjacent and nearby uses are commercial in nature, and the parcel is designated
in the Comprehensive Plan as Central Business District, rather than the present
residential use. The area is in great transition. Many nearby homes have been
removed or converted to commercial uses. This change is in complete
compatibility with the changing nature of the area."
J.
APPLICANT'S STATEMENT OF mSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): Proposed by Zoning Administrator
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Sewer an power is in available to this site. The water is currently being served by
a domestic well.
Previously the City Council made the following requirement on a similar site,
"The existing building shall be connected to Eagle Water Company, Inc., upon
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L.
M.
availability of water facilities adjacent to the Property. The applicant understands
that if the number of employees occupied in this building exceeds twenty-five
(25), then the owners are required to connect to Eagle Water Company, Inc. per
State of Idaho Central District Health Code." Staff intends to make a
recommendation for a similar requirement for this site.
Preliminary approval letters from the Eagle Fire District and Eagle Sewer District
have been received by the City
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone would be in
conformance with applicable provisions of the Eagle City Code if the conditions
in the proposed development agreement are complied with.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Eagle Fire District
Eagle Sewer District
O.
LETTERS FROM THE PUBLIC: None Received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. SPECIAL AREAS
Central Business District section states in part:
The special review process will include, but will not be limited to, the following:
6. Vehicle access and traffic circulation
7. Sidewalks, pathways and pedestrian access
. TRANSPORTATION
Policies and Goals section states in part:
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B.
C.
The transportation system of the City should recognize and place equal emphasis
on roadways which are to accommodate the motorized transportation needs of
trucks, farm equipment, buses and automobiles and pathways intended for non-
motorized use to accommodate pedestrians. bicycles. and equestrian needs.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
. ECC 8-2A-6 (B) (6) (c). "Vehicular And Pedestrian Use: Extensions ofIdaho Street,
1 st Street and Aikens Road for vehicular and pedestrian use should be considered."
DISCUSSION:
.
The rezone will cause the building and site to be in non-compliance with several
Eagle City Codes.
Therefore, the applicant should be required to submit a development agreement
with a condition stating that, "The owner shall submit a Design Review
application for the site (as required by the Eagle City Code), and shall comply
with all conditions required by the City as a part of the Design Review prior to
issuance of a certificate of occupancy."
.
With regard to ECC Section 8-2A-6 (B) (6)(c), the extension of 1 st street to Plaza
Drive was discussed upon review of Eagle Plaza (development abutting the south
side of this site). At that time the City determined that a roadway extension (of 1st
Street) was not practical due to the close proximity of the would-be intersection of
Plaza Drive & 1 st Street as it relates to Plaza Drive & Eagle Road and Plaza Drive
& 2nd Street. However, the Eagle Plaza developer was required to post a $4,800.00
dollar cash deposit to the City for Y2 of the cost of an 8 to 10 foot wide bicycle
pedestrian bridge over the Eagle Drain. The bridge would provide a pathway
connection from Plaza Drive to I st Street. That developer has also provided the
pathways/sidewalk/easements and cross walks to facilitate the pathway
connection. Still needed is the bridge as well as an easement and pathway along
this site's east property line.
On October 15, 1997, the City Zoning Administrator wrote a letter to the Realtor
who had this property for sale. The following is an excerpt form that letter:
"It is the City's intention to require a 10-foot wide easement through the
79 East Aikens property for the pathway at the time the property is
proposed for rezone. (The specific location can be determined based upon
any proposed use for the property.) However, the Council members feel
that, since the pathway and bridge will be for the benefit of several
businesses north of the Eagle Drain, the cost for paving the pathway and
constructing the bridge should be shared equally between those owners
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who propose rezones from residential to commercial south of the Eagle
Drain in the vicinity of the pathway. The Council members also felt that a
Business Improvement District might also fund the improvements. "
"In short, based upon the number of residences that may request rezone in
this general area in the future (approximately 7), I would estimate that the
portion of the cost for the pathway and bridge for any applicant proposing
rezone for the 79 East Aikens property would be about $1,000.00."
To assure that the bicycle/pedestrian connection is made, staff recommends the
following:
1. The applicant shall provide one half of a 10-foot wide public access easement
along the east property line of this site. The easement should be located
totally on this parcel at the north end shifting to be totally on the easterly
parcel at the south end (specific location to be determined upon design review
for the site).
2. The applicant shall provide the City with an estimate for the installation of a
10-foot wide bicycle/pedestrian bridge across the Eagle Drain and a 10-foot
wide concrete sidewalk to be installed from the bridge to Aikens Road. The
estimate shall be reviewed and approved by the City. Once approved, the
applicant shall provide a cash deposit to the City in the amount of lS% of the
total cost of the sidewalk plus 7.S% of the total cost of the bridge.
The sidewalk deposit of lS% is a proportionate share of the entire sidewalk
based upon contributions by a total of seven property owners (see Exhibit "A"
attached).
The bridge deposit of 7.S % is a proportionate share of one half of the bridge
based upon contributions by a total of seven property owners (see Exhibit "A"
attached).
.
With regard to Eagle City Code Section 8- 7-S "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes
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 is in accordance with the Central
Business District classification shown on the Comprehensive Plan Land Use
Map;
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 (with stipulations in the development
agreement), to serve any and all uses allowed on this property under the
proposed zone;
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c. The proposed rezone is not compatible with the current zoning and uses to the
east, west and north. However, due to the commercial designation within the
Comprehensive Plan and proposals coming before the City for rezoning
within this general area, it is anticipated that commercial development will
occur rapidly in this area, and, until the adjacent uses redevelop, any
commercial development is required, by the Eagle City Code, to provide
adequate buffers between proposed commercial developments and existing
residential uses;
d. The proposed CBD zone (Central Business District) is compatible with the
existing CBD zoning designation and commercial land use to the south;
e. The land proposed for rezone is not located within a "Hazard Area" as
described within the Comprehensive Plan but is within a "Special Area" as
described within the Comprehensive Plan (Central Business District) and if
the rezone is approved with the proposed development agreement the City will
have assurances that the goals and objectives of the central business district
special area will be met; and
f. No non-conforming uses are expected to be created with this rezone if the
development agreement as proposed is required and subsequently complied
with.
STAFF RECOMMENDATION PROVIDED WITmN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the
requested rezone with a development agreement to include the conditions shown 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 6, 1998, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission recommended approval (five to zero) ofRZ-3-98 for a rezone from R-4
(residential) to CBD (Central Business District) for James Beard, with the conditions
noted in the Commissions' Findings of Fact and Conclusions of Law document dated
June 29, 1998, to be within a development agreement.
PUBLIC HEARING OF THE COUNCIL:
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A. A public hearing on the application was held before the Council on August 11, 1998, 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 this proposal was presented to the Council by no one.
C. Oral testimony in favor of this proposal was presented to the Council by no one.
COUNCIL DECISION:
The Council approved (three to zero - Guerber absent) RZ-3-98 for a rezone from R-4
(residential) to CBD (Central Business District) for James Beard, with a the following
conditions to be within the submitted development agreement.
1. The owner shall submit a Design Review application for the site (as required by the
Eagle City Code), and shall comply with all conditions required by the City as a part
of the Design Review prior to issuance of a certificate of occupancy.
2. The development shall comply with the Zoning Code, as it exists in final form at the
time an improvement is made and the conditions within this agreement shall be
satisfied.
3. The owner shall provide one half of a 10- foot wide public access easement along the
east property line of this site prior to issuance of a certificate of occupancy. To avoid
removing existing mature trees along the Eagle Drain the 10-foot wide easement
should be located entirely on the parcel which is the subject of this application at the
north end and should shift eastward to be entirely on the abutting easterly parcel at the
south end (specific location to be determined upon design review for the site).
4. The owner shall agree to participate in a BID or LID for the cost of the bridge over
the Eagle Drain and 10- foot wide pathway improvements from Aikens Road to the
bridge through this property and the abutting lot to the east.
5. The existing building shall be connected to Eagle Water Company, Inc., upon
availability of water facilities adjacent to the Property. The owner understands that if
the number of employees occupying this building exceeds twenty-five (25), the
owners are required to connect to Eagle Water Company, Inc. per State ofIdaho
Central District Health Code.
6. The owner shall comply with all rules, regulations, and ordinances of the City of
Eagle prior to issuance of a certificate of occupancy.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 30, 1998.
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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 May 15, 1998. 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 May 14,
1998. Requests for agencies' reviews were transmitted on May 1, 1998 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 July 24, 1998. 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 July 27, 1998.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-3-
98) 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 with
development agreement is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of CBD is in accordance with the Central
Business District classification shown on the Comprehensive Plan Land Use
Map;
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 (with stipulations in the development
agreement), to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed rezone is not compatible with the current zoning and uses to the
east, west and north. However, due to the commercial designation within the
Comprehensive Plan and proposals coming before the City for rezoning
within this general area, it is anticipated that commercial development will
occur rapidly in this area, and, until the adjacent uses redevelop, any
commercial development is required, by the Eagle City Code, to provide
adequate buffers between proposed commercial developments and existing
residential uses;
d. The proposed CBD zone (Central Business District) is compatible with the
existing CBD zoning designation and commercial land use to the south;
e. The land proposed for rezone is not located within a "Hazard Area" as
described within the Comprehensive Plan but is within a "Special Area" as
described within the Comprehensive Plan (Central Business District) and if
the rezone is approved with the proposed development agreement the City will
have assurances that the goals and objectives of the central business district
special area will be met; and
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f. No non-conforming uses are expected to be created with this rezone if the
development agreement as proposed is required and subsequently complied
with.
DATED this 25th day of August, 1998.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ayor
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