Findings - CC - 2000 - RZ-5-00 - Rz From R4 To Cbd-Da/0.45 Acre Site/123 Aikens Rd
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM R-4 (RESIDENTIAL) TO CBD-DA)
(CENTRAL BUSINESS DISTRICT WITH A )
DEVELOPMENT AGREEMENT) FOR )
DEFINITIVE PROPERTIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-5-00
The above-entitled rezone application came before the Eagle City Council for their action on
September 26, 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:
Definitive Properties, represented by James Gipson Associates, is requesting a
rezone from R-4 (Residential) to CBD-DA (Central Business District - with
development agreement). The 0.45-acre site is located on the south side of
Aikens Road approximately 300-feet east of Eagle Road at 123 East Aikens Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 16, 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 June 30, 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 June 30, 2000. Requests for agencies'
reviews were transmitted on June 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 August 28, 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 August 23,2000.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS: None
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E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Central Business District R-4 (residential) Residence
Proposed No Change CBD-DA (Central Office
Business District with
Development Agreement)
North of site Central Business District R-4 (residential) Residences
South of site Central Business District CBD (Central Business Eagle Plaza Shopping
District) Center
East of site Central Business District R-4 (residential) Residences
West of site Central Business District CBD-DA (Central Office
Business District with
Development Agreement)
G.
DESIGN REVIEW OVERLA Y DISTRICT: DDA (Downtown Development Area)
H.
TOTAL ACREAGE OF SITE: 0.45-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated May 4, 2000, provided by the applicant's
representati ve.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): Proposed by Zoning Administrator
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters from the Central District Health Department, Eagle
Fire Department, Eagle Sewer District, and Eagle Water Company have been
received.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON -CONFORMING USES:
Based upon the information available, the proposed rezone would be in
conformance with applicable provisions of the Eagle City Code if the conditions
in the proposed development agreement are complied with.
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N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Central District Health Department
Division of Environmental Quality
Eagle Fire District
Eagle Sewer District
Eagle Water Company
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:
. The Comprehensive Plan Land Use Map designates this area as Central Business
District
.
SPECIAL AREAS AND SITES
Section 11.2 - Recognized Special Areas and Sites
Central Business District (CBD)
The Central Business District is recognized as a special area due to its historical
and architectural significance. It is recognized as the commercial hub of the
community. The Central Business District is depicted on the Comprehensive Plan
Land Use Map.
Emphasis should be given to encouraging new housing in and adjacent to the
CBD. Use of existing houses within the CBD for both residential and commercial
purposes should be encouraged.
. TRANSPORTATION
Section 8.2 - Street Classifications
A roadway system must include a number of streets, each of which are designated
to handle a particular type and amount of traffic. The City of Eagle
Transportation/Pathway Network Maps #1 and #2, illustrates various proposed
classifications of roadways which are included in the Eagle City limits and Eagle
Area of Impact.
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Section 8.3 - City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle Transportation/Pathway Network Maps #1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
Section 8.3.1 - Paths
Function:
To provide for recreation and alternative transportation; important to provide
safe continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also
be located along roadway right-of-ways and would usually be separated from
vehicle travel lanes and the paved section of the roadway by a median or
sidewalk.
Section 8.6 - Implementation Strategies
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC 8-2A-6 (B) (6) (c). "Vehicular And Pedestrian Use: Extensions of Idaho Street,
1st Street and Aikens Road for vehicular and pedestrian use should be considered."
C.
DISCUSSION:
.
The rezone will cause the building and site to be in non-compliance with several
Eagle City Codes.
Therefore, the applicant should be required to submit a development agreement
with a condition stating that, "The owner shall submit a Design Review
application for the site (as required by the Eagle City Code), and shall comply
with all conditions required by the City as a part of the Design Review prior to
issuance of a certificate of occupancy."
.
With regard to ECC Section 8-2A-6 (B) (6)(c), the extension of 151 street to Plaza
Drive was discussed upon review of Eagle Plaza (development abutting the south
side of this site). At that time the City determined that a roadway extension (of 151
Street) was not practical due to the close proximity of the would-be intersection of
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Plaza Drive & 1 s1 Street as it relates to Plaza Drive & Eagle Road and Plaza Drive
& 2nd Street. However, the Eagle Plaza developer was required to post a
$4,800.00 dollar cash deposit to the City for Y2 of the cost of an 8 to 10 foot wide
bicycle pedestrian bridge over the Eagle Drain. The bridge would provide a
pathway connection from Plaza Drive to 1 s1 Street. That developer has also
provided the pathways/sidewalk/easements and cross walks to facilitate the
pathway connection. Still needed is the bridge as well as an easement and
pathway between the properties located at 79 Aikens Road and 123 Aikens Road.
With the rezone of the property located at 79 Aikens Road (the property abutting
this site to the west), the City acquired a 5-foot wide permanent public easement
for a portion of the above mentioned pathway. Since that time, a survey of the
area was completed by the City Engineer which revealed several mature trees
being located on the ditch bank in the easement area. By shifting the pathway and
bridge to the east a few feet the existing trees would be able to be retained. To
accomplish this an 8-foot wide permanent public easement for pedestrian access
needs to be provided along the western property line of this site.
Also, with regard to ECC Section 8-2A-6 (B)(6)(c) and as shown within the City
of Eagle Transportation/Pathway Network Maps #2, Aikens Road has been
planned to be extended eastward to connect to 2nd Street. The roadway extension
as shown on the Transportation/Pathway Network Map #2 extends along the
entire northern portion of this site. The applicant has shown a 30-foot wide
easement (in alignment with existing Aikens Road) along the north portion of this
site. The road extension will require a total of 40-feet of right-of-way, therefore,
an additionallO-feet of right-of-way will need to be acquired when the property to
the north re-develops.
To assure that the bicycle/pedestrian connection is made and that a corridor is
preserved for the easterly extension of Aikens Road, staff recommends the
following conditions to be placed within a development agreement:
1. The applicant shall provide an 8-foot wide permanent public easement for
pedestrian access along the west property line of this site prior to issuance of a
building permit. The easement document shall be recorded in the Recorders
Office of Ada County prior to issuance of a building permit.
2. The applicant shall dedicate 30-feet of right-of-way to the Ada County
Highway District for the portion of the easterly extension of Aikens Road
along the northern property line of this site prior to issuance of a building
permit.
.
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:
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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 (with stipulations in the development
agreement), to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed rezone is not compatible with the current zoning and uses to the
east and 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 compatible with the
existing CBD zoning designation and commercial land use to the south and
west;
e. The land proposed for rezone is not located within a "Hazard Area" as
described within the Comprehensive Plan but is within a "Special Area" as
described within the Comprehensive Plan (Central Business District) and if
the rezone is approved with the proposed development agreement the City will
have assurances that the goals and objectives of the central business district
special area will be met; and
f. No non-conforming uses are expected to be created with this rezone if the
development agreement as proposed is required and subsequently complied
with.
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 to include the following conditions:
1. The owner shall submit a Design Review application for the site (as required by the
Eagle City Code), and shall comply with all conditions required by the City as a part
of the Design Review prior to issuance of a certificate of occupancy.
2. The development shall comply with the Zoning Code, as it exists in final form at the
time an improvement is made and the conditions within this agreement shall be
satisfied.
3. The applicant shall provide an 8-foot wide permanent public easement for pedestrian
access along the west property line of this site.
4. The owner shall agree to participate in a BID or LID for the cost of the bridge over the
Eagle Drain and for the 8-foot wide pathway improvements from Aikens Road to the
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bridge through this property and the abutting lot to the west.
5. The applicant shall dedicate 30-feet of right-of-way to the Ada County Highway
District for the portion of the easterly extension of Aikens Road along the northern
property line of this site.
6. The existing building shall be connected to Eagle Water Company, Inc. prior to
issuance of a certificate of occupancy.
7. The applicant shall comply with all rules, regulations, and ordinances of the City of
Eagle prior to issuance of a certificate of occupancy.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
July 17,2000, 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.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission voted 3 to 0 to recommend approval (two absent) of RZ-5-00 for a
rezone from R-4 (residential) to CBD-DA (Central Business District with Development
Agreement) for Definitive Properties, with the conditions noted in the Commissions'
Findings of Fact and Conclusions of Law document dated August 14,2000, to be within a
development agreement.
PUBLIC HEARING OF THE CITY COUNCIL:
A. A public hearing on the application was held before the City Council on September 12, 2000,
at which time testimony was taken and the public hearing was closed. The City Council
continued this matter until September 26, 2000, to allow the City Staff and the Applicant to
work on a plan for a future roadway. The Council made their decision on September 26,
2000, after hearing from the Applicant and Staff.
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
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Commission by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-5-00 for a rezone from R-4 (residential) to CBD-
DA (Central Business District with Development Agreement) for Definitive Properties,
with the Planning and Zoning Commission recommended conditions modified as follows,
to be within a development agreement.
1. The owner shall submit a Design Review application for the site (as required by the
Eagle City Code), and shall comply with all conditions required by the City as a part
of the Design Review prior to issuance of a certificate of occupancy.
2. The development shall comply with the Zoning Code, as it exists in final form at the
time an improvement is made and the conditions within this agreement shall be
satisfied.
3. The applicant shall provide an 8-foot wide permanent public easement for pedestrian
access along the west property line of this site.
4. The owner shall agree to participate in a BID or LID for the cost of the bridge over the
Eagle Drain and for the 8-foot wide pathway improvements from Aikens Road to the
bridge through this property and the abutting lot to the west.
5. The applicant shall dedicate sufficient right-of-way, as required by the Ada County
Highway District, to the Ada County Highway District for the portion of the easterly
extension of Aikens Road along the northern property line of this site.
6. The existing building shall be connected to Eagle Water Company, Inc. prior to
issuance of a certificate of occupancy.
7. The applicant shall comply with all rules, regulations, and ordinances of the City of
Eagle prior to issuance of a certificate of occupancy.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 30, 1998.
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 June 30, 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 June 30, 2000.
Requests for agencies' reviews were transmitted on June 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 August 28, 2000. Notice of this public hearing was mailed to property owners
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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 August 23, 2000.
3. The City Council reviewed the particular facts and circumstances of this proposed rezone
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 with development
agreement 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 (with stipulations in the development
agreement), to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed rezone is not compatible with the current zoning and uses to the
east, west and 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,
accordingly the rezone is compatible with anticipated future uses;
d. The proposed CBD zone (Central Business District) is compatible with the
existing CBD zoning designation and commercial land use to the south;
e. The land proposed for rezone is not located within a "Hazard Area" as
described within the Comprehensive Plan but is within a "Special Area" as
described within the Comprehensive Plan (Central Business District) and if
the rezone is approved with the proposed development agreement the City will
have assurances that the goals and objectives of the central business district
special area will be met; and
f. No non-conforming uses are expected to be created with this rezone if the
development agreement as proposed is required and subsequently complied
with.
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DATED this 17th day of October, 2000.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Rick Y zaÇ!:~
ATTEST:
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