Findings - CC - 1998 - RZ-4-98 - Rezone From R4 To Cbd/0.92 Acre Site
D.
E.
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM R-4 (RESIDENTIAL) TO CBD
(CENTRAL BUSINESS DISTRICT) FOR
ZAMZOW'S COMPANY
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-4-98
The above-entitled rezone application came before the Eagle City Council for their action on July
14, 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:
Zamzow's, represented by BRS Architects, is requesting a rezone from R-4
(residential) to CBD (Central Business District). The 0.92-acre site (includes only
the portion of land proposed for rezone) is located on the west side of Eagle Road
approximately ISO-feet north of State Highway 44.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 14, 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 29, 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 29, 1998. Requests for agencies'
reviews were transmitted on May 15, 1998 in accordance with the requirements of
the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: Conditional Use (CU-1-98) & Variance (V-1-98)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business R -4 (Residential) Vacant
District
Proposed No Change CBD (Central Business Parking and plaza area
District) for Zamzow's site
North of site Central Business R-4 (Residential) Residences and vacant
District land
South of site Central Business C-1 (Neighborhood Vacant land
District and Publici Business District)
Semi -Public
East of site Central Business CBD-DA (Central Albertson's with non-
District & Publici Business District with conforming fuel island
Semi-Public Development Agreement)
& A (Agriculture)
West of site Central Business R -4 (Residential) Vacanti Residences
District & Medium
Density Residential (4-
units per acre
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: CEDA (Community Entry Development
Area). .
H.
TOTAL ACREAGE OF SITE: 0.92-acre site (includes only the portion of land proposed
for rezone)
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
In accordance with the development of the area and the City's Comprehensive
Plan- see attached letter from Billy Ray Strite dated April 28, 1998.
1.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): Not applicable
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters have been received by Central District Health and
Eagle Sewer District.
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N.
O.
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 create the
following noncompliance issues with regard to provisions of the Eagle City Code:
None
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
Central District Health
Eagle Fire Department
Eagle Sewer District
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:
B.
C.
. This area is shown on the Land Use Map of the Comprehensive Plan as "CBD
(Central Business District)". The "CBD (Central Business District)" section of the
"Land Use" chapter of the Comprehensive Plan states, "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 land use category. Pedestrian friendly uses and
developments are encouraged. Land within this district requires a CBD zoning
designation. "
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
DISCUSSION:
.
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:
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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 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 use to the
north and west. 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 use to the north and west redevelops,
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 C-1 zoning designation and vacant land use to the south;
e. The proposed CBD zone (Central Business District) is compatible with the
existing CBD-DA zoning designation and commercial land use to the east;
f. The land proposed for rezone is located within a "Hazard Area" as described
within the Comprehensive Plan (100 year flood plain) and is within a "Special
Area" as described within the Comprehensive Plan (Central Business
District). The City will have assurances that any use proposed within the
"Hazard Area" will be appropriate because a flood plain development permit
will be required prior to any building permits being issued for the site (as
required by Eagle City Code). Also, the goals and objectives of the Central
Business District "Special Area" will be met with the requirements within the
Eagle City Code; and
g. No non-conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends 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
June 15, 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 four individuals. Their concerns were generally related to uses in proposed
commercial zoning creating excessive lighting and noise that would impact the residential
properties to the west and north. They felt that the existing trees should be preserved and
berms and trees should be used for buffering any commercial development from the
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residential areas and that sufficient setbacks be required to further protect the residential
areas.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission recomri1ended approval (five to zero) of RZ-4-98 for a rezone from R-4
(residential) to CBD (Central Business District) for Zamzow's Company.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 14, 1998, at
which time testimony was taken and the public hearing was closed. The Council took action
at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by three
individuals. Their concerns were generally related to uses in proposed commercial zoning
creating excessive lighting and noise that would impact the residential properties to the west
and north. They felt that the existing trees should be preserved and berms and trees should be
used for buffering any commercial development from the residential areas and that sufficient
setbacks be required to further protect the residential areas.
C. Oral testimony in favor of this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The City Council approved (four to zero) RZ-4-98 for a rezone from R-4 (residential) to
CBD (Central Business District) for Zamzow's Company.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 14, 1998.
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 29, 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 29,
1998. Requests for agencies' reviews were transmitted on May 15, 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 June 26, 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
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requirements of Title 67, Chapter 6S, Idaho Code and Eagle City Code on June 29, 1998.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-4-
98) with regard to Eagle City Code Section 8-7-S "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 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 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 use to the
north and west. 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 any commercial development is required, by the
Eagle City Code, to provide screening of lights and adequate buffers between
proposed commercial developments and existing residential uses;
d. The proposed CBD zone (Central Business District) is compatible with the
existing C-1 zoning designation and vacant land use to the south;
e. The proposed CBD zone (Central Business District) is compatible with the
existing CBD-DA zoning designation and commercial land use to the east;
f. The land proposed for rezone is located within a "Hazard Area" as described
within the Comprehensive Plan (100 year flood plain) and is within a "Special
Area" as described within the Comprehensive Plan (Central Business
District). The City will have assurances that any use proposed within the
"Hazard Area" will be appropriate because a flood plain development permit
will be required prior to any building permits being issued for the site (as
required by Eagle City Code). Also, the goals and objectives of the Central
Business District "Special Area" will be met with the requirements within the
Eagle City Code; and
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g. No non-conforming uses are expected to be created with this rezone.
DATED this 28th day of July, 1998.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ayor
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