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Findings - PZ - 2016 - RZ-6-99 - Rz From R4 And M1a To C3-Da/1 Acre Site/2809 Hill Rd BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR) A REZONE FROM R-4 (RESIDENTIAL) AND ) M-IA (INDUSTRIAL PARK DISTRICT) TO C-3-DA ) (HIGHWAY BUSINESS DISTRICT WITH A ) DEVELOPMENT AGREEMENT) FOR SHARON) PATTERSON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-6-99 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on December 6, 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: Sharon Patterson is requesting a rezone from R-4 (Residential) and M-IA (Industrial Park District) to C-3-DA (Highway Business District with a development agreement). The I-acre site is located on the southeast comer of State Highway 55 and Hill Road at 2809 Hill Road. B. APPLICA nON SUBMITTAL: The application for this item was received by the City of Eagle on September 30, 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 October 27, 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 October 29, 1999. Requests for agencies' reviews were transmitted on October 22, 1999 in accordance with the requirements of the Eagle City Code. r D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 9,1999, the Eagle City Council approved ofa Comprehensive Plan Amendment from Industrial to Commercial for this site. E. COMPANION APPLICATIONS: None Page 1 of 6 K:\Planning Dept\Eagle Applications\RZ&A\1999\RZ-O6-99 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Industrial - 1997 Comp R-4 (Residential) and M- Residence and vacant Plan lA (Industrial Park Approved to be District) Commercial - 2000 Comp Plan) Proposed Commercial C-3 (Highway Business Convenience store with District) fuel service North of site Industrial - 1997 Comp M-IA (Industrial Park Gravel pit plan District) Business Park - 2000 Comp Plan South of site Industrial - 1997 Comp A-R (Residential) Commercial equestrian plan related activities Business Park - 2000 Comp Plan East of site Industrial - 1997 Comp A-R (Residential) Commercial equestrian plan related activities and Business Park - 2000 residential uses Comp Plan West of site Medium Density R-4 (Residential) Vacant Residential - 1997 Comp Plan Mixed Use - 2000 Comp Plan G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. TOTAL ACREAGE OF SITE: I-acre (approx.) 1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See the document titled, "Addendum - Rezone Application Submittal Requirements" attached to the application for this item. 1. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): See the document titled, "Addendum - Rezone Application Submittal Page 2 of 6 K:\Planning Dept\Eagle Applications\RZ&A\1999\RZ-O6-99 pzf.doc Requirements" attached to the application for this item. K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Preliminary approval letters have been received by Central District Health 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. Comments which appear to be of special concern are noted below: Ada County Highway District Central District Health Eagle Fire Department Eagle Sewer District O. LETTERS FROM THE PUBLIC: None received to date. ST AFF 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 8-7-5 "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 C-3 is in accordance with the Commercial classification shown on the Comprehensive Plan Land Use Map; b. A convenience store with fuel service will lessen vehicle trips on the roadway system by providing support to the business park uses planned on a large majority of the land between old and new Highway 55 both north and south of this site and will complement the Central Business District because if a convenience store with fuel service is not located in this location one would more than likely be located further east to provide service to Eagle residents traveling to Boise on Hill Road and if that occurred the property taxes Page 3 of 6 K:\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O6-99 pzf.doc generated would not benefit Eagle; c. 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; d. The proposed C-3 zone will be compatible with the existing A-R zoning designation and commercial equestrian related activities and residential uses to the east because, due to the Business Park designation within the Comprehensive Plan, it is anticipated that business park type development will occur 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; e. The proposed C-3 zone will be compatible with the existing R-4 zoning designation to the west because, due to the Mixed Use designation within the Comprehensive Plan and since the property is vacant, it is anticipated that light commercial and/or multifamily residential uses will occur in the area, and, until the adjacent land redevelop, any commercial development is required, by the Eagle City Code, to provide adequate buffers between proposed commercial developments and existing residential zoning districts; f. The proposed C-3 zone will be compatible with the existing A-R zoning designation and commercial equestrian related activities to the south because, due to the Business Park designation within the Comprehensive Plan and since the property is vacant, it is anticipated that business park type development will occur 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; g. The proposed C-3 zone is compatible with the M-IA zoning designation and land use to the north since the uses allowed within a C-3 zone are somewhat similar to the uses allowed within an M-IA zone and since a gravel pit is much more intensive than C-3 (Highway Business District) type uses; h. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and 1. No non-conforming uses are expected to be created with this rezone. ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date staff recommends approval of the requested rezone with a development agreement. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on December 6, 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. Page 4 of 6 K:\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O6-99 pzf.doc C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (not including the applicant). COMMISSION DECISION: The Commission voted 3-0 to recommend approval of RZ-6-99 for a rezone from R-4 (residential) and M-IA (Industrial Park District) to C-3-DA (Highway Business District with a development agreement) for Sharon Patterson. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on September 30, 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 October 27, 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 October 29, 1999. Requests for agencies' reviews were transmitted on October 22, 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-6-99) 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 C-3-DA is in accordance with the Commercial classification shown on the Comprehensive Plan Land Use Map; b. A convenience store with fuel service will lessen vehicle trips on the roadway system by providing support to the business park uses planned on a large majority of the land between old and new Highway 55 both north and south of this site and will complement the Central Business District because if a convenience store with fuel service is not located in this location one would more than likely be located further east to provide service to Eagle residents traveling to Boise on Hill Road and if that occurred the property taxes generated would not benefit Eagle; c. 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; d. The proposed C-3 zone will be compatible with the existing A-R zoning designation and commercial equestrian related activities and residential uses to the east because, due to the Business Park designation within the Comprehensive Plan, it is anticipated that business park type development will occur in this area, and, until the adjacent uses redevelop, any commercial development is required, by the Eagle City Code and the development Page 5 of 6 \\EAGLENTl \COMMON\Planning Dept\Eagle Applications\RZ&A \1999\RZ-O6-99 pzf.doc agreement with this application, to provide adequate buffers between proposed commercial developments and existing residential uses; e. The proposed C-3 zone will be compatible with the existing R-4 zoning designation to the west because, due to the Mixed Use designation within the Comprehensive Plan and since the property is vacant, it is anticipated that light commercial and/or multifamily residential uses will occur in the area, and, until the adjacent land redevelop, any commercial development is required, by the Eagle City Code, to provide adequate buffers between proposed commercial developments and existing residential zoning districts; f. The proposed C-3 zone will be compatible with the existing A-R zoning designation and commercial equestrian related activities to the south because, due to the Business Park designation within the Comprehensive Plan and since the property is vacant, it is anticipated that business park type development will occur in this area, and, until the adjacent uses redevelop, any commercial development is required, by the Eagle City Code and the development agreement with this application, to provide adequate buffers between proposed commercial developments and existing residential uses; g. The proposed C-3 zone is compatible with the M-IA zoning designation and land use to the north since the uses allowed within a C-3 zone are somewhat similar to the uses allowed within an M-IA zone and since a gravel pit is much more intensive than C-3 (Highway Business District) type uses; h. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and i. No non-conforming uses are expected to be created with this rezone. DATED this 20th day of December, 1999. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho -- ::>~ ,d~ Steve Decker, Chairman ...:s:-,& h'~ 1)~s '/~/OO <.;;;~t'~ ~~e~~~ '~"'" >-. ....,,(~ -<,,¡~ ' , '" .", "r "~ ':. j l '~' ^ ~~~ - :f (> " ' ,,', II ~ ~ r ~ ," , Sharort Moore, Eagle C ty Clerk :: ~~:' " :j .~ c-' .'¡ '" ': ' ,,' ,,~ ,(' '. / "':'~" '.. ' '<'.. - .. .. --'q--'..-- ATTEST: Page 6 of 6 \\EAGLENTl \COMMON-Planning Dept\Eagle Applications\RZ&A \1999\RZ-O6-99 pzf.doc