Findings - CC - 1999 - RZ-3-99 - Rezone From R4 To Cbd/403 S Eagle Rd
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
SALMON POINT DEVELOPMENT, INc.
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-3-99
The above-entitled rezone application came before the Eagle City Council for their action on July
13, 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:
Salmon Point Development, Inc., represented by Ron Bath, is requesting a rezone
from R-4 (Residential) to CBD (Central Business District). The 2.l8-acre site is
located on the west side of Eagle Road approximately 400- feet north of State
Highway 44 at 403 South Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 1, 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 April 14, 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 16, 1999. Requests for agencies'
reviews were transmitted on April 2, 1999 in accordance with the requirements of
the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: CU-2-99 & LS-4-99
Page 1 of 7
K: \Planning Dept\Eagle Applications\RZ&A \ 1999\RZ-O3-99 ccf.doc
---. ----~'--~._-_.- -'-'~--
L.
M.
N.
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District R-4 (Residential) Residence
Proposed No Change CBD (Central Business Commercial Use
District)
North of site Central Business District R-4 (Residential) Residences
South of site Central Business District CBD (Central Business Proposed Zamzow's
District) and Primary Health
facility
East of site Central Business District CBD-DA (Central Albertson's and Eagle
Business District with Pavilion Commercial
development agreement) Subdivision
West of site Medium Density R-4 (Residential) Residences
Residential (4-units per
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: TDA (Transitional Development Area).
H.
TOTAL ACREAGE OF SITE: 2.18-acres
1.
APPLICANT'S STATEMENT OF mSTIFICA TION FOR THE REZONE:
See attached letter from The Land Group dated, April 1, 1999.
J.
APPLICANT'S STATEMENT OF mSTIFICATION 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.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Page 2 of 7
K:\Planning Dept\Eagle Applications\RZ&A\1999\RZ-O3-99 ccf.doc
-- --"'-'~-~.~~- "~----"--'~ -.-- ---..- ----
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Drainage District #2 - Ringert Clark
Eagle Fire Department
EM2
Farmers Union Ditch Co.
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:
. SECTION: "HAZARD AREAS"
The 1O0-year floodplain ofthe Boise River and Dry Creek, as now and in the
future defined by the Federal Emergency Management Association maps,
constitutes the natural hazard areas within the City and Impact Area. Additional
hazard areas may be added to the Comprehensive Plan when deemed necessary.
POLICIES AND GOALS
1. To protect the health and safety of Eagle residents while offering varied open
space uses.
. SECTION: CENTRAL BUSINESS DISTRICT
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
. The Comprehensive Plan Land Use Map designates this area as Central Business
District
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
C.
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
Page 3 of 7
K:\Planning Dept\Eagle Applications\RZ&A\1999\RZ-O3-99 ccf.doc
. 0__'--0_- ----_._~ ._----~-- --- __no . ---- - ...
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 CBD zone (Central Business District) is not compatible with the
existing R-4 zoning designation and residential land use to the 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 not compatible with the
existing R-4 zoning designation and residential land use to the west. However,
the impacts created by any future commercial use will be mitigated by the
natural buffer that the existing Eagle Drain Ditch provides combined with
additional buffers required by ECC with the design review application for this
site;
e. The proposed CBD zone (Central Business District) is compatible with the
existing CBD zoning designation and proposed commercial land use to the
south;
f The proposed CBD zone (Central Business District) is compatible with the
existing CBD-DA zoning designation and commercial land use to the east;
g. 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
h. No non-conforming uses are expected to be created with this rezone since the
existing building will no longer be used as a 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
May 17, 1999, at which time testimony was taken and the public hearing was closed. The
Page 4 of 7
K:\Planning Dept\Eagle AppIications\RZ&A\1999\RZ-O3-99 ccf.doc
..~---_.._-~ .--
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 (not including the applicant).
D. Oral testimony neither in favor nor against this proposal was presented to the Planning and
Zoning Commission by three (3) individuals with concerns regarding what type of uses were
proposed for the site, car headlights from the commercial use shining onto abutting
residential properties, whether or not two story buildings are proposed, location of windows
in two story buildings, safety concerns regarding pedestrians crossing the drive-up window
stacking isle, and the type buffer areas proposed between the proposed commercial
development and the residential properties to the west requesting that evergreens be used.
COMMISSION DECISION:
The Commission voted 4-0 (Wilson abstained) to recommend approval of RZ-3-99 for a
rezone from R-4 (Residential) to CBD (Central Business District) for Salmon Point
Development, Inc., represented by Ron Bath.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on July 13, 1999,
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 City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not
including the applicant and his representative).
COUNCIL DECISION:
The Council voted 4-0 to approve RZ-3-99 for a rezone from R-4 (Residential) to CBD
(Central Business District) for Salmon Point Development, Inc., represented by Ron
Bath.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 1, 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 April 14, 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 16,
1999. Requests for agencies' reviews were transmitted on April 2, 1999 in accordance with
Page 5 of 7
K:\Planning Dept\Eagle Applications\RZ&A\1999\RZ-O3-99 ccf.doc
. ---. --------~-----~
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 23, 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 June 28, 1999.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-3-
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 CBD zone (Central Business District) is not compatible with the
existing R-4 zoning designation and residential land use to the 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 not compatible with the
existing R-4 zoning designation and residential land use to the west. However, the
impacts created by any future commercial use will be mitigated by the natural buffer
that the existing Eagle Drain Ditch provides combined with additional buffers
required by ECC with the design review application for this site;
e. The proposed CBD zone (Central Business District) is compatible with the existing
CBD zoning designation and proposed commercial land use to the south;
f. The proposed CBD zone (Central Business District) is compatible with the existing
CBD-DA zoning designation and commercial land use to the east;
g. 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
h. No non-conforming uses are expected to be created with this rezone since the existing
building will no longer be used as a residence.
Page 6 of7
K:\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O3-99 ccf.doc
DATED this 3rd day of August, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Rick ~ . ",."""".
.,," 01"" "" 'J',.
.,¡.- .:{' ." ,,4 ""'.
ATTEST' .". ....1' --'" I ~', '.'
. '" <,' 'ï- e' '~"'~'~" ~ \.; i' '"
-1',.~~"',/,'" ""'-"'~..(;:;¡\
::: Y}' 1'!on.. I..".' ",;.
~ ::-, ",'9-' '.¡. .,: ..
~ ;; i: ~v .. '" "
1/ ~; ~"." "';",'0""" "",,1\,..':'.'
~~ ;1..., '~';" ~
'--Sharon Moore, Eagle City Cler 'i .1 t,';{ §
0:'., r ' .., .,.'
\. (r), ..} .1
':~~{,,~<,~ - < -;;!._."_:;<~/
Page 7 of 7
K:\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O3-99 ccf.doc