Findings - CC - 1999 - RZ-1-99 - Rezone From R4 To Cbd
D.
E.
OR\GtNAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM R-4 (RESIDENTIAL) TO CBD
(CENTRAL BUSINESS DISTRICT) FOR
BEACHWOOD BUILDERS
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-1-99
The above-entitled rezone application came before the Eagle City Council for their action on
May 11, 1999. 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: ,
Beachwood Builders, represented by Walt Lindgren with Studio 'L' Design
Collaborative, is requesting a rezone from R-4 (Residential) to CBD (Central
Business District). The 0.22-acre site is located on the north side of Aikens Road
approximately 100-feet east of Eagle Road at 150 East Aikens Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 27,
1999.
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 10, 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 February 12, 1999. Requests for
agencies' reviews were transmitted on January 29, 1999 in accordance with the
requirements of the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: DR-6-99
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L.
M.
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business R-4 (Residential) Residence
District
Proposed No Change CBD (Central Business Office
District)
North of site Central Business CBD (Central Business Commercial use
District District)
South of site Central Business R-4 (Residential) Residence with home
District occupation office use
East of site Central Business R-4 (Residential) Residence
District
West of site Central Business R-4 (Residential) Residence
District
G.
DESIGN REVIEW OVERLAY DISTRICT: DDA (Downtown Development Area).
H.
TOTAL ACREAGE OF SITE: 0.22-acre
1.
APPLICANT'S STATEMENT OF mSTIFICATION FOR THE REZONE:
"The rezone is consistent with the City's goals to maintain a strong business core
in the downtown area. This property is following suit, and is compatible with
existing uses in the immediate surrounding area."
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): N/a
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters have been received by Central District Health, Eagle
Fire Department, and Eagle Sewer District.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone is in conformance with
applicable provisions of Eagle City Code.
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N.
o.
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
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
C.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this area as Central Business
District
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The proposed rezone will not create any noncompliance issues with regard to
provisions of the Eagle City Code, however, there are several non-conforming issues
existing at the site. The applicant has submitted a design review application to the
City to bring the site into compliance with Eagle City Code.
DISCUSSION:
.
With regard to Eagle City Code Section 8-7-5 "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 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 south. 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
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residential uses;
d. The proposed CBD zone (Central Business District) is compatible with the
existing CBD zoning designation and commercial land use to the north;
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
since the applicant has submitted a design review application for the site the
City will have assurances that the goals and objectives of the Central Business
District Special Area will be met since the design review requirements for this
area (Downtown Development Area) are in accordance with the goals and
objectives outlined in the Comprehensive Plan for the Central Business
District; and
f. No non-conforming uses are expected to be created with this rezone since the
building will no longer be used residence.
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
March 1, 1999, 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 voted 4-0 (Farnworth absent) to recommend approval of RZ-1-99 for a
rezone from R-4 (residential) to CBD (Central Business District) for Beachwood
Builders.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on March 11,
1999, 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 City Council by no one.
C. Oral testimony in favor ofthis proposal was presented to the City Council by no one.
COUNCIL DECISION:
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The Council voted 4-0 to approve RZ-1-99 for a rezone from R-4 (residential) to CBD
(Central Business District) for Beachwood Builders.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 27, 1999.
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 10, 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 February
12, 1999. Requests for agencies' reviews were transmitted on January 29, 1999 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 April 7, 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 April 12, 1999.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-l-
99) 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 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 uses to the east, west
and south. 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 north;
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 since the applicant has submitted a
design review application for the site the City will have assurances that the goals and
objectives of the Central Business District Special Area will be met since the design
review requirements for this area (Downtown Development Area) are in accordance with
the goals and objectives outlined in the Comprehensive Plan for the Central Business
District; and
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f. No non-conforming uses are expected to be created with this rezone since the building
will no longer be used residence.
DATED this 25th day of May, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co ty, Idaho
Rick
ATTEST:
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