Findings - CC - 1999 - CPA-3-98 - Comp Plan Amendment From Medium Density/Indus/Tomu
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN AMENDMENT FROM
MEDIUM DENSITY RESIDENTIAL AND
INDUSTRIAL TO MIXED USE AND
COMMERCIAL FOR SHARON PATTERSON
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CP A-3-98
The above-entitled comprehensive plan amendment application came before the Eagle City
Council for their action on August 21, 1999, at which time the public testimony was taken. The
public hearing was continued until August 28,1999, and then to August 31,1999, at which time
the public hearing was closed, however, written comments were accepted until 5:00 P.M.,
September 2, 1999. The Council began deliberations on September 2, 1999, and continued
deliberations until September 21, 1999, at which time they made their final decision. On
November 9, 1999, the Council held a second public hearing to take public testimony on changes
made to CP A-3-98. The public hearing was closed and the Council made their final decision at
that time.
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:
Sharon Patterson, represented by The Land Group, is requesting approval of a
comprehensive plan amendment from Medium Density Residential (four dwelling
units per acre maximum) and Industrial to Mixed Use and Commercial. The 9.6-
acre and I-acre sites are located on the southwest and southeast comers of State
Highway 55 and Hill Road at 2805 and 2809 Hill Road.
B.
APPLICA nON SUBMITTAL:
The application for this item was received by the City of Eagle on September 4,
1998.
C.
NonCE 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 September 30, 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 October 3, 1998. Requests for
agencies' reviews were transmitted on September 4, 1998 in accordance with the
requirements of the Eagle City Code.
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D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: none
E.
COMPANION APPLICATIONS: none
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Medium Density R-4 (Residential) Vacant
Residential & Industrial
Proposed Mixed Use & MU (Mixed Use) & C-3 Mix of Commercial and
Commercial (Highway Business Residential and vacant
District) land
North of site Medium Density R-l (Residential) & M-IA Gravel Extraction and
Residential & Industrial (Industrial Park District) Hill Road
South of site Medium Density R-4 (Residential) Vacant - (Future phases
Residential & Industrial of Great Sky Estates
Subdivision)
East of site Industrial RT (Rural Transitional) Residences
West of site Residential RT (Rural Transitional) Residence
G.
DESIGN REVIEW OVERLAY DISTRICT: No Overlay District
H.
TOTAL ACREAGE OF SITE: IO.6-acres (approx.)
1.
APPLICANT'S STATEMENT OF mSTIFICATION FOR THE COMPREHENSIVE
PLAN AMENDMENT:
"As residents of Eagle are aware, the new Highway 55 route has created many
changes for the community, most particularly in the community traffic patterns
and improved quality of the roadways. This trend will continue throughout the
area including on Hill Road, which is slated to be widened in the near future. Due
to the increase of traffic, noise, and development brought to this area by these
current and future changes, major considerations need to be made in the character
and uses suitable for the property abutting this high volume, high speed
intersection. In considering the uses of this area, we have been very attentive to
the implications of these changes to the area residents, as well as to the unique
characteristics of this property."
J.
APPLICANT'S STATEMENT OF mSTIFICATION OF A DEVELOPMENT
AGREEMENT: (n/a)
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
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L.
M.
N.
Approvals from agencies will be required prior to any request for rezone.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
NON-CONFORMING USES:
Based upon the information available, the proposed comprehensive plan
amendment will not create any noncompliance with any provisions of the Eagle
City Code except.
AGENCY RESPONSES:
Eagle Fire District
O.
LETTERS FROM THE PUBLIC: None received to date.
P.
APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
Per Comprehensive Plan "Amendment Procedures" Item B:
Any person may petition the Planning and Zoning Commission for a plan
amendment at any time. The applicant shall submit a letter for a Comprehensive
Plan amendment which will contain the following:
1. Specific description of the change being requested.
2. Specific information on any property involved.
3. The condition or situation which warrants a change being made in the plan.
4. The public need for a benefit from such a change in the plan.
5. A statement that no other solutions to the problem presented by the current
policy of the Plan are possible or reasonable.
6. Proposed development for any land involved.
7. Any other data and information needed by the Planning and Zoning
Commission in evaluating the request.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter titled "Amending the Comprehensive Plan"
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
c.
DISCUSSION:
.
Regarding the west side of Highway 55, although the City's berming
requirements would mitigate noise impacts, the new alignment of State Highway
55, planned widening of Hill Road, and planned signal at this location make this
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intersection somewhat incompatible with a standard single family home
development. One of the specific concerns regarding such a development at this
site is that the buffer requirements on this small parcel (9.6-acres at a street
comer) would result in an disproportionately large amount of the property being
developed as a buffer area. Staff also believes that development near the
intersection would be more appropriate as a mixed use development, in that any
mixed use development requires a PUD or conditional use pennit which would
allow a mix of uses with an assurance that impacts to surrounding properties are
eliminated through conditions of approval. Some limited commercial in this
location could also lessen vehicle trips on the roadway system because of the
services it could provide to the residences in the area.
.
Regarding the east side of Highway 55, the applicant is proposing a
Comprehensive Plan amendment for approximately one acre to be commercial.
Staff believes this will provide commercial support to the industrial park uses
planned on a large majority of the land between old and new Highway 55 both
north and south of this site. The site is also well located approximately Y2 way
between existing commercially zoned land approximately ~ mile to the north and
south. Such a use also could lessen vehicle trips on the roadway system because
of the support it may provide to the industrial park.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the infonnation provided to staff to date staff recommends approval of the
requested comprehensive plan amendment.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
October 19, 1998, at which time testimony was taken and the public hearing was closed. The
Commission continued deliberations on the item from October 19, 1998, until June 7, 1999,
at which time they made their final recommendation on CP A-3-98. On July 19, 1999, the
Commission held a second public hearing to take public testimony on changes recommended
to CP A-3-98. The public hearing was closed and the Commission made their final
recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by three (3) individuals. The concerns addressed were generally as follows:
The proposed change will have negative affects on traffic congestion, traffic flow, and air
quality; Eagle should remain rural and this proposal does not promote a rural atmosphere;
there is no need for commercial in this area and commercial in this area will take business
away from the downtown; uses allowed within an MU zone are not compatible with the
surrounding properties; the uses proposed with this changes would be hazardous to the health
of the horses that are boarded nearby and will be dangerous to children;
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by one (1) individual (not including the applicant and their representatives) and
is incorporated into these findings by reference. The individual felt that an MU designation
would buffer Great Sky Estates from the highway.
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COMMISSION DECISION:
The Commission voted 4-0 (Farnworth absent) to recommend approval of the City
initiated Comprehensive Plan amendment (CP A-6-97) dated June 22, 1999, including the
Comprehensive Plan Land Use Map dated May 18, 1999. Since this map reflects the
Commission's decision regarding City wide Comprehensive Plan land use designations
and since the site for CPA-3-98 for a Comprehensive Plan amendment from Medium
Density Residential (four or fewer dwelling units per acre) and Industrial to Mixed Use
and Commercial is recommended to be designated by the Commission as Residential
Four and Business Park then the Commission decision on CPA-3-98 application is
considered recommendation for denial.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on August 21,
1999, at which time the public testimony was taken. The public hearing was continued until
August 28, 1999, and then to August 31,1999, at which time the public hearing was closed,
however, written comments were accepted until 5:00 P.M., September 2, 1999. The Council
began deliberations on September 2, 1999, and continued deliberations until September 21,
1999, at which time they made their final decision. On November 9, 1999, the Council held
a second public hearing to take public testimony on changes made to CP A-3-98. The public
hearing was closed and the Council made their final decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by three (3)
individuals who generally felt that a gas station in this location would cause excessive traffic
problems, would not look good, and would set a precedent for additional gas stations in the
area.
C. Oral testimony in favor of this proposal was presented to the City Council by two (2)
individuals who generally felt that a mixed used designation in this location would provide a
buffer from the intersection of Highway 55 and Hill Road to Great Sky Subdivision to the
south and that a gas station can be developed so that it is not offensive.
COUNCIL DECISION:
The Council voted 4-0 to approve CP A-3-98 for a comprehensive plan amendment from
Medium Density Residential (four dwelling units per acre maximum) and Industrial to
Mixed Use and Commercial.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 4, 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 September 30, 1998, and again on June 23, 1999 (for second public
hearing). 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 October 3, 1998, and again on June 2, 1999
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(for second public hearing). Requests for agencies' reviews were transmitted on September
4, 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 August 4, 1999. 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 August 5,1999.
1. The Council reviewed the particular facts and circumstances of this proposed Comprehensive
Plan amendment (CP A-3-98) in tenns of the Idaho State Local Planning Act and goals and
objectives of the City of Eagle Comprehensive Plan and has made the following conclusions
with regard to the proposed Comprehensive Plan amendment:
A. The Comprehensive Plan land use designations approved by the Council (Mixed Use and
Commercial) is in accordance with Idaho State Local Planning Act.
B. The Comprehensive Plan land use designations (Mixed Use and Commercial) are
approved as part of a new Comprehensive Plan approved by the City Council;
C. The infonnation provided ITom 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
Comprehensive Plan designation of "Mixed Use" and "Commercial" as noted in
correspondence from said agencies;
D. The approved Comprehensive Plan designations of "Mixed Use" and "Commercial" are
compatible with the land uses in the surrounding area since the areas to the east and west
will be buffered from this site (as will be required with the design review) and since the
area to the south is vacant and is designated on the Comprehensive Plan Land Use Map as
"Business Park", it is anticipated that business park type development will occur in this
area. The area to the north is separated from this site by Hill Road, and moreover the
Comprehensive Plan Land Use Map designates a portion of the area to the north as
"Business Park" which is anticipated to develop into business park type development.
E. Any development can be conditioned through the rezone/development agreement process
to assure that proposed uses compliment the CBD. The area changed to commercial is
only one (1) acre+/-.
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DATED this 23rd day of November, 1999.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Co nty, Idaho
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