Findings - PZ - 2000 - RZ-11-00 - Rezone From R4 To Cbd/.18 Acre/74 Park Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
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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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-II-00
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on August 28, 2000. The Eagle Planning and Zoning Commission
having heard and taken oral and written testimony, remanded this item back to the Staff. A
second public hearing was held on December 4, 2000, at which time oral and written testimony
was accepted. 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 SUBMITI AL:
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.
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D.
E.
F.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: None
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
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 OVERLAY DISTRICT: TDA (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.
A V AILABILITY 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
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
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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 WHICH ARE OF SPECIAL CONCERN
REGARDING THIS 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.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: Driveway Width/Access Points and Landscaping
Buffer Requirements.
1. Zoning Ordinance, Section 8-4-4-2 (F) Off-Street Parking, Dimension
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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
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 l2-foot wide
driveway extends from this site's southerly property line to the
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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 cccupations, 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.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends denial of the
requested rezone.
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
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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-ll-OO 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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 7, 2000.
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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.
3. 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.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone
(RZ-ll-OO) 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-DA 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 compatible with the current zoning and uses to the
north, south, east and west since the development of this site will be limited to
restricted business uses only (with stipulations provided within a development
agreement) and since the development will be required to comply with the
conditions of Design Review;
d. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within thomprehensive 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.
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DATED this 18th day of December, 2000.
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