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Findings - PZ - 1999 - RZ-3-99 - Rz From R4 To Cbd/ 2.18 Acre/403 S. Eagle Road , OR\G\NAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION 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 Planning and Zoning Commission for their recommendation on May 17, 1999. The Eagle Planning and Zoning Commission 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 2.18-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. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: CU-2-99 & LS-4-99 Page 1 of 6 \\EAGLENTl \COMMON\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O3-99 pzf.doc 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 JUSTIFICATION FOR THE REZONE: See attached letter from The Land Group dated, April 1, 1999. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): N/a K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Preliminary approval letters have been received by Central District Health, Eagle Fire Department, and Eagle Sewer District. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. NON -CONFORMING USES: Based upon the information available, the proposed rezone is in conformance with applicable provisions of Eagle City Code. N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Page 2 of 6 \\EAGLENTl \COMMON\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O3-99 pzf.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 100-year floodplain of the 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 6 \\EAGLENTl \COMMON\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O3-99 pzf.doc 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. ST AFF 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 6 \\EAGLENTl \COMMON\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O3-99 pzf.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 (no including the applicant). A. 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. 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 the requirements of the Eagle City Code. 3. The Commission 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 Page 5 of 6 \\EAGLENTl \COMMON\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O3-99 pzf.doc 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. DATED this 24th day of May, 1999. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE County, Idaho ATTEST: Page 6 of 6 \\EAGLENTl \COMMON\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O3-99 pzf.doc