Findings - PZ - 2000 - CPA-1-00 - Comp Plan Amendment/Changes To Land Use/Provide A Master Plan/Hwy Districts
OR\G\NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
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 CP A-I-OO
The above-entitled comprehensive plan amendment application came before the Eagle Planning and
Zoning Commission for their recommendation on March 20, 2000. 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:
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
Page 1 of 6
KIPlann;ng DepllEag\e Applications\CP A 12000lCP A-I-OO pzfdoc
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/ Agriculture/
(Agricultural-Residential) Vacant
South of site Residential Two RT (Rural Transition) Agriculture/Vacant
East of site Residential Two and Mixed A (Agriculture) and RT Residence/ Agriculture/
Use (Rural Transition) Vacant
West of site Residential Two A-R (Agricultural- Agriculture/V acant
Residential) and RT (Rural
Transition)
DESIGN REVIEW OVERLAY DISTRICT: No Overlay District
G.
H.
TOTAL ACREAGE OF SITE: 12-acres (approx.)
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.
1.
J.
APPLICANT'S STATEMENT
AGREEMENT:N/a
OF
JUSTIFICATION
OF
A
DEVELOPMENT
K.
AVAILABILITY 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 ofthe Eagle City Code.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
Page 2 of 6
K:IPlanning DeptlEag\e Applications\CPAI2000\CPA-I-OO pzrdoc
report. Comments which appear to be of special concern are noted below:
Central District Health
O.
LETTERS FROM THE PUBLIC: None received to date.
APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
P.
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 Councilor 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.
ST AFF 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)
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.
c.
STAFF RECOMMENDATION PROVIDED WlTIDN 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.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
Page 3 of 6
K:\Planning DeptlEag\e Applications\CPAI2000ICPA-I-OO pzrdoc
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 Ie-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 Sate Street coming very close to State
Highway 44) is not safe. Three (J) 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 CP A-I-OO for a Comprehensive Plan
amendment from Residential Two and Public/Semi-Public to Mixed Use including the master
p1an (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. The Commission recommended approval of the following
changes as recommended by staff (single underline representing text proposed to be added by
staff and single strike-thru text proposed to be deleted by staff) with the following double strike-
thru text to be deleted by the Commission.
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".
Add a new paragraph "q" to Chapter 6 "Land Use", Section 7 "Implementation" as follows:
. However if the existin intersection
modifications outlined above are not com leted the Mixed Use area referenced above shall be
develo ed as residential with densities of u to a maximum of two dwellin units er acre.
2.
~
Add a new paragraph "v" to Chapter 8 "Transportation", Section 6 "Implementation" as follows:
a.
Page 4 of 6
KIPlanning DeptlEagle ApplicationsICPAI2000ICPA-l-00 pzLdoc
b.
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 Skeet 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.
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 (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.
3. The Commission reviewed the particular facts and circumstances of this proposed Comprehensive
Plan amendment (CPA-I-OO) 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 ofthe 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 Commission 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
Page 5 of 6
K:IPlanning DeptlEagle Applications\CPAI2000ICPA-l-OO pzfdoc
office/commercial developments may be appropriate. 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
DATED this 3rd day of April, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY EAGLE
Ada oun 1'1
Jz~
ATTEST:
;~o' :.:y,:;~~::,,::>.
,"1. ,.!. 1.-..1",',
~ (~. .. ",:;"'C~"~"~' ".,
I,;.~ ~ ~,,() .. ""- " .,',
... Y !." ,.,0"', , "..,', .-:,
.. ,. -0" c..1 ^ .A
... It 0"- r "
t" (., .(,':\
.:" ..Ar" ..--....cco" c.
;,' y' ~
.¡ "'~'.
\~~,i:n. .
q
J~~u~~
Sharon oore, Eagle City Cle
..
..::
. , " ::/
" .,> :/
.,'
...,.~/~,/
Page 6 of 6
KWlanning DeptlEagle Applications\CPAI2000ICPA-l-00 pzfdoc