Findings - PZ - 2000 - RZ-8-00 - Rz From R-4 To Mu-Da-P/5.73 Acre/544 N. Eagle Road
ORt6tNAl
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM R-4 (RESIDENTIAL) TO MU-DA-P
(MIXED USE WITH A DEVELOPMENT AGREEMENT
AND PLANNED UNIT DEVELOPMENT) FOR
MERCY HOUSING IDAHO, INc.
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-8-00
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on July 17, 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:
Mercy Housing Idaho, Inc., represented by Jim Birdsall, is requesting a rezone
from R-4 (Residential) to MU-DA-P (Mixed Use - with development agreement-
PUD). The 5.73-acre site is located on the east side of Eagle Road approximately
1,760-feet north of State Street at 544 North Eagle Road.
B.
APPUCA TION SUBMITTAL:
The application for this item was received by the City of Eagle on June 15,2000.
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 16, 2000, in accordance with the requirements
of the Eagle City Code.
D.
illSTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed Use R-4 (Residential) Church
Proposed No Change MU-DA-P (Mixed Use Planned Unit
with Development Development -
Agreement - PUD) Housing for older
persons
North of site Mixed Use and R-9 (Residential) and R-4 Residences
Residential Four (Residential)
South of site Residential Four R-4 (Residential) Residences
East of site Residential Four R-4 (Residential) Residences
West of site Public/Semi-Public PS (Public/Semi-Public) Eagle Elementary
School
G.
DESIGN REVIEW OVERLA Y DISTRICT: None
H.
TOTAL ACREAGE OF SITE: 5.73-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter (attached).
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): Proposed by Zoning Administrator.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters from the 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.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
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Division of Environmental Quality
Eagle Fire District
Eagle Sewer District
Eagle Water Company
O.
LETTERS FROM THE PUBUC:
1. Letter from Star Mayor Gussie O'Connor, dated May 17,2000.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS wmCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this area as Mixed Use.
. Land Use
Section 6.7 "Implementation Strategies"
g. The mixed use area shown along both sides of Eagle Road between
State Street 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 area are not permitted.
B.
ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL: (None)
C.
DISCUSSION:
.
The rezone will not cause the building and site to be in non-compliance with
Eagle City Code.
.
The Comprehensive Plan Land Use Map designates this site as Mixed Use (for the
purpose of allowing higher density residential developments. Specific text within
the Plan limits the development of this site to residential uses only (up to 20-
dwelling units per acre). The To assure conformance with the Comprehensive
Plan, staff recommends the following condition be placed within a development
agreement:
1. The development of the site shall be specifically limited to those residential
uses listed in Eagle City Code Section 8-2-3. All non-residential uses shall be
prohibited.
.
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
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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 MU-DA-P is in accordance with the
Mixed Use 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 to serve any and all uses allowed on this property under the proposed
zone;
c. The proposed rezone is compatible with the current zoning and uses to the
north, south, east and west since the development of this site will be limited to
residential uses only (with stipulations provided within a development
agreement);
d. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within the Comprehensive Plan;
e. 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 development of the site shall be specifically limited to those residential uses listed in
Eagle City Code Section 8-2-3. All non-residential uses shall be prohibited.
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.
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 four individuals. Their testimony related to the use of the housing for elderly
people, the visual impact of the development on their property because of the relative site
elevations and the possibility of the property not being used for senior housing.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by one individual (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 to recommend approval (two absent) of RZ-8-00 for a
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rezone from R-4 (residential) to MU-DA-P (Mixed use - with development agreement -
PUD) for Mercy Housing Idaho, Inc., with the following staff recommended conditions to
be within a development agreement with the text shown as underlined to be added by the
Commission.
1. The development of the site shall be specifically limited to those residential uses
listed in Eagle City Code Section 8-2-3. All non-residential uses shall be
prohibited.
2. The owner shall submit a Planned Unit Development (PUD) application for the site
(in accordance with Eagle City Code), and shall comply with all conditions required
by Eagle as a part of the PUD
3. The owner shall submit a Design Review application for the site (as required by
Eagle City Code), and shall comply with all conditions required by Eagle as part of
the Design Review.
4. 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.
5. This development shall be restricted specifically for the housing of older persons.
6. This development shall be restricted to no more than 61-dwelling units.
7. Landscape buffering and siting of the dwelling units shall mitigate the effects of the
development on ad1acent homeowners.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 15,2000.
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 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 16, 2000 in accordance with the
requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone
(RZ-8-00) 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:
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a. The requested zoning designation of MU-DA-P is in accordance with the
Mixed Use 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 compatible with the current zoning and uses to the
north, south, east and west since the development of this site will be limited to
residential uses only (with stipulations provided within a development
agreement);
d. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within the Comprehensive Plan;
e. No non-conforming uses are expected to be created with this rezone if the
development agreement as proposed is required and subsequently complied
with.
DATED this 14th day of August, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
a County, I
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