Findings - CC - 2000 - RZ-6-99 - 2809 Hill Rd/Rezone From R4 And M1a To C3/Da
BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action on
January 11, 2000. 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.
B.
PROJECT SUMMARY:
Sharon Patterson is requesting a rezone from R-4 (Residential) and M-lA
(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.
APPLICATION 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.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 9, 1999, the Eagle City Council approved of a Comprehensive Plan
Amendment from Industrial to Commercial for this site.
E.
COMPANION APPLICATIONS: None
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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 mSTIFICATION FOR THE REZONE:
See the document titled, "Addendum - Rezone Application Submittal
Requirements" attached to the application for this item.
J.
APPLICANT'S STATEMENT OF mSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable):
See the document titled, "Addendum - Rezone Application Submittal
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K.
L.
M.
N.
Requirements" attached to the application for this item.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters have been received by Central District Health 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.
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
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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.
STAFF 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.
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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.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on January 11,
2000, 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).
D. Written testimony in opposition to this proposal was presented to the City Council by one (1)
individual who felt that a gas station in this location would increase the traffic problems at an
already dangerous intersection, does not fit in with the Economic Development guidelines of
the 2000 Comprehensive Plan, and that a master plan for the entire around this proposal
should be developed and approved prior to approving this project. The letter is incorporated
into these findings by reference.
COUNCIL DECISION:
The Council voted 4-0 to approve RZ-6-99 for a rezone from R-4 (residential) and M-1A
(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.
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 December 24, 1999. Notice of this public hearing was mailed to property
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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 December 23,
1999.
3. The Council 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
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-1A zoning designation and
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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.
DATED this 25th day of January, 2000.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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