Findings - CC - 2000 - CPA-1-00 - Comp Plan Amendment
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
COMPREHENSIVE PLAN AMENDMENT FROM)
RESIDENTIAL TWO AND PUBLIC/SEMI-PUBLIC)
TO MIXED USE INCLUDING A MASTER PLAN)
FOR THE RE-CONSTRUCTION OF THE )
INTERSECTIONS OF STATE HIGHWAY 44 AND )
BALLANTYNE LANE AND STATE HIGHWAY 44 )
AND STATE STREET FOR THE CITY OF EAGLE)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-I-OO
The above-entitled comprehensive plan amendment application came before the Eagle City Council for
their action on April 25,2000. 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.
PROJECT SUMMARY:
The City of Eagle, represented by Mark L. Butler, is proposing City initiated
Comprehensive Plan Amendment to:
1. Modify a portion of the Comprehensive Plan Land Use Designation Map, generally as
shown on the map reduction included with this report, changing an area currently
designated as "Residential Two and Public/Semi-Public" to Mixed Use and to
provide specific written criteria regarding that Mixed Use area. The site is generally
located north of State Highway 44 at Ballantyne Lane; and
2. Provide a master plan, with accompanying written criteria, for the Highway Districts
having jurisdiction to consider regarding the re-construction of the intersections of
State Highway 44 and Ballantyne Lane and State Highway 44 and State Street.
B.
APPLICATION SUBMITTAL:
The City of Eagle initiated this item on March 1,2000.
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 March 6, 2000. 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 March 2, 2000. Requests for agencies' reviews were transmitted on March 2,
2000 in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: none
E.
COMPANION APPLICATIONS: N/a
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two and A-R (Agricultural- Vacant
Public/Semi-Public Residential) and RT (Rural
Transition)
Proposed Mixed Use A-R (Agricultural- No proposal at this time
Residential) and RT (Rural
Transition)
North of site Residential Two A (Agriculture) and A-R Residence! AgricultureN
(Agricultural-Residential) acant
South of site Residential Two RT (Rural Transition) AgricultureN acant
East of site Residential Two and Mixed A (Agriculture) and RT Residence/ AgricultureN
Use (Rural Transition) acant
West of site Residential Two A-R (Agricultural- AgricultureN acant
Residential) and RT (Rural
Transition)
G.
DESIGN REVIEW OVERLAY DISTRICT: No Overlay District
H.
TOTAL ACREAGE OF SITE: 12-acres (approx.)
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE COMPREHENSIVE PLAN
AMENDMENT:
Due to the proposed Ballantyne/State Highway 44 roadway realignment, this site will be
surrounded by major roadways which makes this site less desirable for single family residential
due to increased noise, car lights, etc., and more appropriate for higher density residential uses
and/or light commercial uses.
J.
APPLICANT'S STATEMENT
AGREEMENT:N!a
OF
JUSTIFICATION
OF
A
DEVELOPMENT
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Approvals from agencies will be required prior to any request for rezone.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed comprehensive plan amendment will
not create any noncompliance with any provisions of the Eagle City Code.
N.
AGENCY RESPONSES:
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The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
Central District Health
O.
LETTERS FROM THE PUBLIC: None received to date.
P.
APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
Per Comprehensive Plan Chapter 13 "Implementation"
13.5
Comprehensive Plan Amendments
From time to time, changing conditions will result in a need for comprehensive plan
amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan. The
City Council or any group or person may petition the City Planning and Zoning
Commission for a plan amendment at any time. On its own initiative, the City Planning
and Zoning Commission may also originate an amendment to the Comprehensive Plan.
However, the City Planning and Zoning Commission may recommend amendments to the
Comprehensive Plan to the City Council not more frequently than every six (6) months;
however text amendments may be recommended at any time.
NOTE: The Planning and Zoning Commission's last recommendation for amendments to
the Comprehensive Plan was on July 19, 1999.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Chapter 13, Section 5 "Comprehensive Plan Amendments"
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
c.
DISCUSSION:
Staff will provide a detailed discussion regarding this proposed comprehensive plan amendment
during the oral presentation at the Planning and Zoning Commission and City Council meetings.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the requested comprehensive plan amendment with the changes
provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March
20, 2000, at which time testimony was taken and the public hearing was closed. The Commission
made their decision at that time.
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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;
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the Planning and
Zoning Commission by two (2) individuals who voiced concerns relating to the re-construction of the
intersections of State Highway 44 and Ballantyne Lane and State Highway 44 and State Street, the
possibility of moving State Highway 44 (that portion near Ballantyne Lane) to the south, and that the
design of the interim roadway configuration (with State Street coming very close to State Highway 44)
is not safe. Three (3) additional individuals provided the Planning and Zoning Commission with oral
testimony regarding the joint ACHD/City of Eagle meetings on the State Highway 44 and Ballantyne
Lane and State Highway 44 and State Street intersection realignment.
COMMISSION DECISION:
The Commission voted 5-0 to recommend approval of CPA-I-00 for a Comprehensive Plan
amendment from Residential Two and Public/Semi-Public to Mixed Use including the master plan
(presented within the staff report) for the re-construction of the intersections of State Highway 44
and Ballantyne Lane and State Highway 44 and State Street for The City of Eagle, represented by
Mark L. Butler with changes shown within their Findings of Fact and Conclusions of Law
document dated April 3, 2000.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on April 25, 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 one individual who felt
that the roadway should be constructed as proposed but also felt that the roadway should be
constructed prior to the development of the area proposed for Mixed Use.
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council by
three (3) individuals who had concerns relating to the construction timeframe of the proposed roadway
realignment; the cost of constructing the roadway and who will construct it - ACHD or the property
owner with the proposed development to the north; that if the roadway is not constructed prior to or at
the same time as the development to the north is constructed then the additional traffic generated by
the development will increase safety concerns at the already dangerous intersection of State Highway
44 and Ballantyne Road. Concerns were expressed on what uses will be allowed in the Mixed Use
area.
COUNCIL DECISION:
The Council voted 2-0 (Sedlacek abstained) (Guerber absent) to approve CPA-I-00 for a
Comprehensive Plan amendment from Residential Two and Public/Semi-Public to Mixed Use
including the master plan (presented within the staff report) for the re-construction of the
intersections of State Highway 44 and Ballantyne Lane and State Highway 44 and State Street,
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with the following conditions:
1.
Modify the portion of the Comprehensive Plan Land Use Designation Map, generally as shown on
the map reduction included with this report, changing the area currently designated as
"Residential Two and Public/Semi-Public" to "Mixed Use".
2.
Add a new paragraph "q" to Chapter 6 "Land Use", Section 7 "Implementation" as follows:
New Section 6.7(q) If the existing intersections of State Highway 44 and Ballantyne Lane and
State Highway 44 and State Street are eliminated and a new intersection is constructed
approximately 800-feet west of the existing State Highway 44/Ballantyne Lane intersection then
the mixed use area shown along the north side of State Highway 44 from Van Engelen Estates to
the Mixed Use area's west boundary may be developed with uses which will be controlled by the
City with a Development Agreement upon rezoning. High density residential units will be
encouraged in this area (up to 20 dwelling units per acre). However. if the existing intersection
modifications outlined above are not completed. the Mixed Use area referenced above shall be
developed as residential with densities of UP to a maximum of two dwelling units per acre.
¿
Add a new paragraph "v" to Chapter 8 "Transportation", Section 6 "Implementation" as follows:
New Section 8.6 (v) A Master Plan for the Highway Districts having jurisdiction to consider
regarding the re-construction of the intersections of State Highway 44 and Ballantyne Lane and
State Highway 44 and State Street is incorporated herein by reference (See Ballantyne/Hwy
44/State Street Master Plan dated March 2. 2000. or updated version if approved by the City
Council).
b.
If the Master Plan is approved bv the Highway Districts the phasing of construction should be as
follows:
a. Upon development of the land abutting: Ballantyne Lane to the west. right-of-way should
be provided for and the roadway should be constructed to the west generally as shown as
Item #1 on the Master Plan. The unimproved right-of-wav (connecting State Street to
Ballantyne Lane) should be improved as shown as Item #2 on the Master Plan. The
intersections of State Highway 44 and Ballantyne Lane and State Highway 44 and State
Street should be eliminated as shown as Items #3 and #4 respectively on the Master Plan.
The section of roadway as shown as Item #5 shall not be improved and right-of-wav shall
not be acQuired unless development is proposed for that site. If development is proposed
right-of-way should be obtained and the roadway should be constructed generally as
shown as Item #5 on the Master Plan. At that time the roadway shown as Item #2 on the
Master Plan should be eliminated.
Financial obligations for the above referenced right-of-way acquisition and roadway
improvements should be determined by the Highway Districts having jurisdiction.
c.
4.
Modify Chapter 6 "Land Use" Section 7, "Implementation" paragraph "g" as follows:
Modified Section 6.7 (G) "The mixed use area shown along both sides of Eagle Road between
State Sk-eet Ranch Drive and Floating Feather Road is to allow development such as higher
density residential dwelling units and/or facilities such as senior assisted housing, nursing homes
and convalescent homes. Commercial uses in this mixed use area are not permitted.
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CONCLUSIONS OF LAW:
1. The City of Eagle initiated this item on March 1, 2000.
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 March 6, 2000. Notice of this public hearing was mailed to property owners within
three-hundred feet (3OO-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on March 2, 2000. Requests for agencies' reviews were
transmitted on March 2, 2000 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 10, 2000.
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 6, 2000.
3. The Council reviewed the particular facts and circumstances of this proposed Comprehensive Plan
amendment (CPA-I-00) in terms of the Idaho State Local Planning Act and the Implementation
chapter of the City of Eagle Comprehensive Plan, and based upon the information provided including
the review of the "Comprehensive Plan Amendments" and "Implementation Strategies" sections
within the 2000 Comprehensive Plan and Idaho Code Section 67-6509 (d), which states:
1. The condition or situation which warrants a change being made in the plan.
2. The public need for a benefit from such a change in the plan.
3. A statement that no other solutions to the problem presented by the current policy of the Plan
are possible or reasonable.
4. 67-6509(d) states in part, the Commission may recommend amendments to the plan to correct
errors in the original plan or to recognize substantial changes in the actual conditions in the
area.
The Council makes the following conclusions:
If the State Highway 44/Ballantyne Lane and State Highway 44/State Street intersections are realigned
as proposed (as shown on the maps within the staff report) then the area proposed for this
Comprehensive Plan Amendment will be surrounded by major roadways which makes this site less
desirable for single family residential due to the negative impacts (increased noise, car lights, etc.)
caused by increased traffic. In transition areas between incompatible uses such as major roadways or
commercial uses and existing single family residences, higher density residential or light
office/commercial developments are appropriate transitional uses. These types of less intense uses
next to existing single family residences (if separated with adequate buffers) can provide a community
with additional low-impact business opportunities and increased living options without negatively
impacting the existing or future single family residences.
A Mixed Use designation in the area shown with this proposal will benefit the City of Eagle by
providing an area for higher density residential on the west side of town where currently none exists.
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DATED this 30th day of May, 2000.
CITY COUNCil.. OF THE CITY OF EAGLE
Ada Co ty, Idaho
Rick
ayor
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