Findings - CC - 2001 - RZ-11-00 - Rezone From R4 To Cbd/0.18 Acre/74 Park Rd
ORiGiNAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM R-4 (RESIDENTIAL) TO
CBD-DA (CENTRAL BUSINESS DISTRICT WITH
A DEVELOPMENT AGREEMENT) FOR ROBERT
RUNYAN
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-II-00
The above-entitled rezone application came before the Eagle City Council for their action on
January 9,2001. 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:
Robert Runyan is requesting a rezone from R-4 (Residential) to CBD (Central
Business District). The 0.18-acre site is located on the eastside of Park Road
approximately 200-feet north of State Street at 74 Park Road.
B.
APPLICATION SUBMITTAL:
On July 7, 2000, this application was received by the City of Eagle.
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 August 11, 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 11, 2000. Requests for agencies'
reviews were transmitted on July 18,2000, in accordance with the requirements of
the Eagle City Code.
Notice of a second 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 November 18, 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 December 4,2000.
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
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the Eagle City ordinances on December 23, 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 December 20, 2000.
D.
illSTORY OF RELEVANT PREVIOUS ACTIONS: None
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) Residences
Proposed No Change CBD (Central Business Office
District)
North of site Central Business District R-4 (Residential) Residences
South of site Central Business District R-4 (Residential) Residences
East of site Central Business District CBD (Central Business Tates Rents
District)
West of site Central Business District R-4 (Residential) Residences
G.
DESIGN REVIEW OVERLA Y DISTRICT: IDA (Transitional Development Area).
H.
TOTAL ACREAGE OF SITE: 0.18-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter dated July 6, 2000 and August 31, 2000.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): None
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
This is an existing structure. Sewer and water are available.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
As staff reviewed this application for the proposed rezone, it was important to
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identify any potential zoning concerns, so that a nonconforming use would not be
created. Staff reviewed the application with the premise that the existing single
family dwelling unit would remain on the site at its present location. Next, staff
reviewed the application to determine if the applicant could meet minimum
parking, setbacks, landscaping and landscaping buffer requirements. It was
determined that, based upon the information available, the proposed rezone and
the conversion of an existing single family dwelling unit into a commercial office
would place the proposed development as a non-conforming use, in the following
manner:
1.
The applicant cannot meet:
a. Minimum driveway width from Park Road;
b. Landscape buffering requirements of the City of Eagle's
Zoning Ordinance and
c. Minimum width of driveway aisle of twenty- four (24) ft. The
applicant currently parks vehicles within the front yard setback.
Off- street parking is not allowed in the front yard setback by
City ordinance.
N.
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 Department
Division of Environmental Quality
Eagle Fire District
Eagle Sewer District
O.
LETTERS FROM THE PUBLIC: None
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this area as Central Business
District
. Land Use
Section 6.7 "Implementation Strategies"
c. Provide for a board spectrum of housing types including
apartments, townhouses, condominiums, single family attached,
manufactured homes, affordable and subsidized housing and large acreage
developments.
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B.
ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL: Driveway Width/Access Points and Landscaping
Buffer Requirements.
1. Zoning Ordinance, Section 8-4-4-2 (F) Off-Street Parking, Dimension
Tables, and Driveway Width - A twenty-four (24') foot driveway width is required
for ninety degree parking.
2. Zoning Ordinance, Section 8-2A-6 (C)(4)(c), Shared drive access points to parking
shall be used whenever possible.
3. Zoning Ordinance, Section 8-2A-6 (C)(4)(e) - Six (6) foot High Masonry Wall -Off-
street public parking areas may be required. Where these facilities occur adjacent to
existing residential development, a continuous six foot (6') high masonry wall with
landscape treatment or a separate landscape barrier will be required to mitigate sound
and visual impact. Safe pedestrian and bicycle connections between the residential
neighborhood and the off-street parking area should be provided if feasible.
4. Zoning Ordinance, Section 8-4-4-2 (B) - Any parking areas shall be designed in such
a manner that any vehicle leaving or entering the parking are from or unto a public or
private street shall be traveling in a forward motion. This requirement does not apply
to public alleyways.
5. Zoning Ordinance, Section 8-4-4-2(D) - Screening and/or landscaping: Whenever
parking is located in or adjacent to a residential district, it shall be effectively
screened on all sides.
6. Joint/Collective Parking Facilities, Section 8-4-4-6, The parties concerned in the
joint/collective parking facility shall submit a written agreement in a form to be
recorded for such content.
7. Zoning Ordinance, Section 8-2A-6 (A)(1)(d) - The arrangement and adequacy of off-
street parking facilities relative to access points, building location and total site
development to prevent traffic conflict or congestion;
C.
DISCUSSION:
.
The property under consideration is currently zone R-4 Residential. From
observations, the property has been used as a single family residence in the past, but
now is being considered for a commercial office use. It would seem that rezoning of
this property would have no negative impact to the City of Eagle, but after further
review it was determined that a rezone would place the property in a nonconforming
status. There are a number of Sections of the Zoning Ordinance, which would be
violated (See section B above) with approval of this rezone.
1. Driveway width - A twenty-four foot (24') wide driveway is required
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by code, whereas in this case, only 12-feet of land is available in the
side yard (where the driveway is proposed to be located). In addition,
an existing gas meter, which is located within the driveway area,
would have to be relocated on the site. The proposed 12-foot wide
driveway extends from this site's southerly property line to the
footprint of the building. The applicant proposes (at some unstated
time in the future) to provide a cross-access and/or through-access
agreement with the neighboring property owner to the south (so as to
increase the driveway width by 9-feet). The 9-feet of additional
driveway would be located from the southern property line to the
footprint of the residential unit to the south. However, no
joint/collective parking/driveway agreement indicating that this
proposal is approved by the property owner to the south has been
provided to the City to date. If an agreement were reached with the
property owner to the south, the applicant has indicated that he does
not plan to actually construct the driveway until the site to the south
redevelops.
Further, the proposed 9-foot wide driveway is already adjacent to an
existing driveway, which provides access to the property to the south's
garage. It is not clear at this time as to whether the Ada County
Highway District would approve another driveway in this location.
2. Landscaping buffer - The applicant has not provided a landscaping
buffer between the proposed development and the residential unit to
the south as required by code. (Zoning Ordinance, Section 8-4-4-2D).
.
The applicant's justification for his application is based upon the area is in
transition. The area is not completely in transition. Issues discussed are for
speculative rather than factual. Example: Marketing a parcel of land as
commercial, doesn't mean the property or surrounding properties are commercial.
Home occupations, however, are conforming uses within residential zones.
Traditionally, home occupations are not commercial by nature and local
governments have placed restrictions on them so the neighborhood can keep its
residential flavor. US Bank (formally Idaho 1st National Bank), Tates Rents, and
the convenience store have been in Eagle for many years. These businesses do not
constitute a transition of uses in the area. In addition, these commercial uses are
located on State Street and Eagle Road, which are state highways.
.
The rezone will cause the building use on the property to become noncompliance
with Eagle City Code as noted above.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends denial of the
requested rezone.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 25, 2000, at which time testimony was taken and the public hearing was closed.
The Commission remanded the matter to Staff to work with the applicant. A second public
hearing was held on December 4, 2000, at which time additional testimony was taken and the
public hearing was closed.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by six individuals concerned about the impact of a commercial use on their near
by residential property, additional traffic and possible damage to their property.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission recommended approval (three to zero, two absent) of RZ-II-00 for a
rezone from R-4 (Residential) to CBD-DA (Central Business District) with conditions to
be within a development agreement (underlined language added by the Commission to
the development agreement proposed by the applicant):
1.
Use of the property shall be temporarily restricted to professional office use only
(excluding medical or dental office) until such time as the properties abutting this
property to the north and south are rezoned to CBD. If and when that rezoning
occurs, uses of the property shall then be governed by Eagle City Code as it exists
in final form at the time any future application is made. The number of employees
working in the building shall be limited to a maximum of four (4).
2.
Prior to recordation of this Development Agreement the Applicant shall grant, for
the purpose of ingress/egress to Park Road, a cross-access and/or through-access
easement, along the south side of the property. It is anticipated that, upon change
in use of the parcel abutting this site to the south (Lot 10, Block 1, of Jackson
Park Subdivision) a cross-access and/or through-access agreement will be
required by the City from that property owner also for the purpose of
ingress/egress to Park Road for the ultimate shared use of the cross access
easement area by both Lot 10 and Lot 11, Block 1 of Jackson Park Subdivision.
3.
The Applicant shall submit a Design Review application for the site ( as required
by the Eagle City Code), and shall comply with all conditions required by Eagle as
a part of the Design Review prior to issuance of a certificate of occupancy.
4.
The development shall comply with the Eagle City Code, as it exists in final form
at the time an application is made and the conditions within this agreement shall
be satisfied.
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PUBLIC HEARING OF THE CITY COUNCIL:
A. A public hearing on the application was held before the City Council on January 9, 2001, 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 four (4)
individuals concerned about the impact of a commercial use on their nearby residential
property, additional traffic on Park Road, increase air pollution and noise, and possible
damage to their property; Park Road is too narrow to support commercial traffic, and there is
no adequate turn-around and the end of the street - cars drive onto private property to turn
around.
C. Oral testimony in favor of this proposal was presented to the City Council one (1) individual
who had concerns with the possibility of the City limiting the number of employees for the
proposed use.
D. Written testimony (in the form of a signed petition) in opposition to this proposal was
presented to the City Council by forty three (43) individuals concerned about the impact of a
commercial use on their nearby residential property, additional traffic on Park Road, increase
air pollution and noise, and possible damage to their property; Park Road is too narrow to
support commercial traffic, and there is no adequate turn-around and the end of the street -
cars drive onto private property to turn around. The petition is incorporated into these
findings by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to deny RZ-11-00 for a rezone from R-4 (Residential) to CBD-
DA (Central Business District with development agreement) for Robert Runyan.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 7,2000.
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 August 11, 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
11, 2000. Requests for agencies' reviews were transmitted on July 18, 2000, in accordance
with the requirements of the Eagle City Code.
Notice of a second 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 November 18, 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
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on December 4, 2000.
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 23, 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 December 20,
2000.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-l1-
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 not in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
The proposed rezone is not compatible with the residential uses to the north, south, and west
due to the negative traffic impacts (ie noise, light glare, driving onto private property) the
proposed commercial use would have on the residential properties on Park Road. The
proposed zone change and commercial use in this location would cause increased traffic on
Park Road which would cause excessive negative impacts to the residences adjacent to the
street since Park Road is sub-standard street regarding width and turn-around area. The street
is only 24-feet wide (standard local commercial street is 36-feet wide) with no curb, gutter,
and sidewalk improvements, and terminates with no turn-around area.
DATED this 13th day of February, 2001.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
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