Findings - CC - 1998 - RZ-6-98 - Rezone From R4 To Cbd
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM R-4 (RESIDENTIAL) TO CBD
(CENTRAL BUSINESS DISTRICT) FOR
ELLIOTT INDUSTRIAL COMPANY
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-6-98
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:
Elliott Industrial Company, represented by Kathleen Elliott, is requesting a rezone
from R-4 (Residential) to CBD (Central Business District). (The property had
received City Council approval for rezone to C-2 on July 7, 1993. However, a
defective legal description haIted the map amendment). The 0.5-acre site is
located on the east side of S. Kestrel Place approximately 100-feet south of State
Street and approximately 560-feet west of Eagle Road at 174 S. Kestrel Place.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 26 , 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 July 3, 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 3, 1998. Requests for agencies'
reviews were transmitted on June 29, 1998 in accordance with the requirements of
the Eagle City Code.
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 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: Kestrel Cove Subdivision rezone
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K.
L.
and preliminary plat was acted by the Council in 1993. The property had received City
Council approval for rezone to C-2 on July 7, 1993. However, a defective legal
description halted the map amendment. This application is to correct that mistake.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business R-4 (Residential) as of Vacant
District October 14, 1997.
Proposed No Change CBD (Central Business None at this time
District)
North of site Central Business CBD (Central Business Proposed Medical Center
District District)
South of site Medium Density R-4 (Residential) Residential
Residential (4-units per
acre maximum)
East of site Central Business R-4 (Residential) Residential
District
West of site Central Business CBD (Central Business Commercial Business
District District) & R-4
(Residential)
G.
DESIGN REVIEW OVERLA Y DISTRICT: TDA (Transitional Development Area)
H.
TOTAL ACREAGE OF SITE: Approximately 0.5-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
In Compliance with Comprehensive Plan and should have been completed in
1993 ifit wasn't for the defective legal description.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): N/a
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Addressed as
adequate upon previous review of Kestrel Cove Subdivision.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
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M.
N.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone is in conformance with
applicable provisions of the Eagle City Code.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Central District Health
Eagle Fire Department
O.
LETTERS FROM THE PUBLIC: August 3, 1998, letter from Steven Crane.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
C.
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:
a. The requested zoning designation of CBD (Central Business District) is the
required zoning designation per Comprehensive Plan and Land Use Map and
was previously approved for rezone to commercial in 1993;
b. The information provided from the agencies having jurisdiction over the
public facilities needed for this site indicated, upon review of Kestrel Cove
Subdivision, 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 CBD (Central Business District) zone will be compatible with
the current zoning and use to the east (residential) because 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. Also, the site to the east has a CBD (Central
Business District) designation within the Comprehensive Plan and it is
anticipated that CBD (Central Business District) type development will occur
to the east in the near future;
d. The proposed CBD (Central Business District) is compatible with the CBD
(Central Business District) zoning designation and commercial land use to the
west since it is mostly zoned CBD and developed as commercial;
e. The proposed CBD (Central Business District) is compatible with the CBD
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(Central Business District) zone and proposed medical center land use to the
north;
f. The proposed CBD (Central Business District) will be compatible with the
current zoning and use to the south (residential), because 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;
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.
. The City's proposed transportation/pathways network maps show a proposed
extension of Aikens Road from Park Road to South Kestrel Place. If the City
believes that the road should be planned, a development agreement should be required
with this rezone to assure the installation of the road.
Staff believes that a grid system is vital for the downtown business community and
does not agree with removing sections of roadway off of the proposed network map
unless there is a detriment to community planning.
In the case of this property, this section of roadway is the only section where the
proposed grid system would create "double frontage residential lots". That is, a
residential lot that has a street abutting the front and back of the property. These
types of residential lots are highly undesirable because of the potential for excessive
noise and loss of privacy.
Staff intends to recommend that the proposed extension of Aikens Road, form Park
Road to S. Kestrel Place be removed from the transportation/pathways network map.
Future development of this property, and the properties abutting this property to the
east, should be required to provide cross access for parking areas to provide access to
and from these properties from both S. Kestrel Place and Park Road. The parking lots
should be designed to limit cut-thru traffic.
STAFF RECOMMENDATION PROVIDED WITHIN THE 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
July 20, 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
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Commission by no one.
COMMISSION DECISION:
The Commission recommended approval (five to zero) ofRZ-6-98 for a rezone from R-4
(residential) to CBD (Central Business District) for Elliot Industrial Company.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 11, 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 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.
COUNCIL DECISION:
The Council approved (three to zero, Guerber absent) of RZ-6-98 for a rezone from R-4
(residential) to CBD (Central Business District) for Elliot Industrial Company.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 26, 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 July 3, 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 3, 1998.
Requests for agencies' reviews were transmitted on June 29, 1998 in accordance with the
requirements of the Eagle City Code.
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 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 ofTitIe 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-6-
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 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 the
required zoning designation per Comprehensive Plan and Land Use Map and
was previously approved for rezone to commercial in 1993;
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b. The information provided from the agencies having jurisdiction over the
public facilities needed for this site indicated, upon review of Kestrel Cove
Subdivision, 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 CBD (Central Business District) zone will be compatible with
the current zoning and use to the east (residential) because 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. Also, the site to the east has a CBD (Central
Business District) designation within the Comprehensive Plan and it is
anticipated that CBD (Central Business District) type development will occur
to the east in the near future;
d. The proposed CBD (Central Business District) is compatible with the CBD
(Central Business District) zoning designation and commercial land use to the
west since it is mostly zoned CBD and developed as commercial;
e. The proposed CBD (Central Business District) is compatible with the CBD
(Central Business District) zone and proposed medical center land use to the
north;
f. The proposed CBD (Central Business District) will be compatible with the
current zoning and use to the south (residential), because 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;
g. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within the Comprehensive Plan; and
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h. No non-conforming uses are expected to be created with this rezone.
DATED this 11th day of August, 1998.
COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
_J ~{~~ J¿j~ AG-L
Sharon Šmith, Eagle City Clerk
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