Findings - CC - 2000 - RZ12-00 - Rezone From A To Mu-Da/24.84 Acre Site
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A (AGRICULTURAL) TO MU-DA
MIXED USE WITH A DEVELOPMENT AGREEMENT
FOR COULTER PROPERTIES LLC
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-12-00
The above-entitled rezone application came before the Eagle City Council for their action on
November 28,2000. 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:
Coulter Properties LLC, represented by Tom Bauwens of the Dakota Company
Inc., is requesting a rezone from A (Agricultural) to MU-DA (Mixed Use with a
Development Agreement). The 24.84-acre site is located on the west side of
Edgewood Lane approximately 2,000-feet north of East State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 6, 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 September 1, 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 29, 2000. Requests for
agencies' reviews were transmitted on July 18, 2000 in accordance with the
requirements of the Eagle City Code.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
G.
H.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use A (Agricultural) Vacant
Proposed No Change MU-DA (Mixed Use- Residential/Assisted
Development Agreement) Living Facility
North of site Residential Four (4- R-4 (Residential) Residential
units per acre
maximum) &
Public/Semi - Public
South of site Commercial/Public/Se C-2 (Commercial) Proposed Shopping
mi - Public/Residential Center
Three (3-units per acre
maximum)
East of site Residential Three (3- R-3 (Residential) Vacant
units per acre
maximum)
West of site Residential Four (4- R-4 (Residential) Residences
units per acre
maximum)
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
TOT AL ACREAGE OF SITE: 24.84-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter of July 6, 2000 (attached).
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): See applicant proposed development agreement language
with changes proposed by staff under Staff Analysis Section C below.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary review letters from the Eagle Fire Department and Eagle Sewer
District have been received. An approval letter from the appropriate water
company having jurisdiction is required.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance issues with regard to provisions of the Eagle City Code, provided
the conditions within the 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:
City Engineer: All comments within the Engineer's letters dated August 10, 2000, and
August 24, 2000, are of special concern (see attached).
Ada County Highway District
Central District Health
Division of Environmental Quality
Drainage District #2
Eagle Fire Department
Eagle Sewer District
Meridian Joint School District No.2
Eagle Middle School is at capacity, Eagle High is over capacity.
O.
LETTERS FROM THE PUBLIC:
Letter dated September 5,2000 from Jeff & Clare Chapple who reside at
978 Cembra, Eagle, ill 83616
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
Chapter 5 - Economic Development
a.
Implementation Strategies
f.
New commercial development outside of the Central Business District
should complement the Central Business District and Eagle's rural
identity.
g.
Encourage commercial growth adjacent to the Central Business District
and discourage isolated commercial development in outlying areas.
1.
Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
Chapter 6 - Land Use
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a.
Implementation Strategies
f.
1.
Higher density residential development should be located closest to the
Central Business District (CBD) as shown on the Comprehensive Plan
Land Use Map.
Protect gravity flow irrigation systems including canals, laterals and
ditches to assure continued delivery of irrigation water to all land serviced
by such systems, to protect irrigation systems as a long range economical
method for water delivery and to coordinate surface water drainage to be
compatible with irrigation systems.
Chapter 7 - Natural Resources and Hazard Areas
a.
Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Chapter 12 - Community Design
a.
b.
c.
Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and often
times the most lasting impressions of the entire community. The City of Eagle
has the responsibility to guide development and redevelopment that occurs along
these entryway corridors.
Implementation Strategies
f.
Excessively large single entity businesses that would jeopardize the
competitive environment should be discouraged.
Encourage the preservation of natural resources such as creeks, drainages,
steep slopes and ridgelines as visual amenities.
g.
B.
ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN
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REGARDING TillS PROPOSAL:
.
Section 8-1O-1(A): REQUIREMENTS AND RESTRICTIONS (for development
agreements):
Purpose: Development agreements are a discretionary tool to be used by the
Council as a condition of rezoning. Development agreements allow a specific
project with a specific use to be developed on property in an area that is not
appropriate for all uses allowed or conditional in the requested zone.
C.
DISCUSSION:
.
Staff believes that a MU-DA (Mixed-Use with development agreement) zoning
designation for this site will allow for a transition of uses from commercial to the
south and single family residences to the north. However, to assure an appropriate
transition, the specific uses for this site should be limited within a development
agreement.
.
The following conditions are proposed by the applicant to be placed within a
development agreement. Staff believes that some of the proposed conditions will not
facilitate an appropriate transition. Underline text is recommended to be added by
staff and strike-thru text is recommended to be deleted by staff.
2.1 Eagle hereby acknowledges that the attached Concept Plan (Exhibit "B") represents
an example of the Applicant's current concept for the site and understands and agrees
that changes in that concept will likely occur. The Applicant also understands and
agrees that any changes regarding development of the site must be in conformance
with the "Conditions of Development" stated herein.
2.2 ;~' :;:: allowed per Eagle City Code Seoli.a g 2 I tRis Develop",e"t AgreemeFlt
. b . g ed iRlieu of the PUD process to permit residential development of up to 20
dwelliRg ooits per acre afld afl assisted living facility with the conditions that:
A. The desigR afld layout shall be re':iewed under Eagle's DesigR Review process;
B. The resideRtial density along the west pro13erty line shall be compatible v:ith the
existiRg resideRtial developmeRt abutting the 'Nest boundary; and
C. ARY public road improvements (includiRg but not limited to the planRed extension
of Hill Road) shall comply '.'lith the requirements of the ¿^Ada County High'Nay
District.
2.2 The owner shall submit a Planned Unit Development (PUD) and
Conditional Use Permit (CUP) application for the entire site (in
àccordance with Eagle City Code), and shall comply with all
conditions required by Eagle as a part of the PUD/CUP.
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a. :=:':: ~,es ",.-<¡tiOB in Article 2.2 aboye, or as speoitioà within tHis
=:r~ , ¡ "Permitted" u... or "CORroUORal" u... .bawD wlÚnR ~ ~~ ~=
. ~ ~si~~ation uFlder Eagle City Code Section g 2 3 shall be subject to approval
of the Eagle City Council under the PUD or CoFlditioflal Use Permit process The
Property shall be limited to residential uses as allowed under Eagle City Code Section
8-2-3 except that a "Nursing! Convalescent Home" shall be permitted as part of a
PUD for the site.
b. 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 Eagle as a part of
the Design Review.
2.1 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.
2.2 The .Applicant shall Rot forfeit the right to a "Lot Split", as regulated by Eagle City
Geàe-.
2.3 Dedicate a sufficient amount of right-of-way (as may be determined by the Ada
County Highway District and the City of Eagle) for the future alignment of Hill Road
as shown within the 2000 Eagle Comprehensive Plan on the Transportation /Pathway
Network Map #1 prior to City Council approval of the ordinance to rezone the
Property.
.
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:
a. The requested zoning designation of MU-DA 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 public facilities
exist, or are expected to be provided as conditioned herein, to serve
any and all uses allowed on this property under the proposed zone.
c. The proposed MU-DA zone is compatible with the zoning uses to the
south, north, west and east;
d. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within the Comprehensive Plan; and
e. No non-conforming uses are expected to be created with this rezone.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
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Based upon the information provided to staff to date staff recommends approval of the requested
rezone with the following conditions to be placed within a development agreement:
1. Eagle hereby acknowledges that the attached Concept Plan (Exhibit "B") represents
an example of the Applicant's current concept for the site and understands and agrees
that changes in that concept will likely occur. The Applicant also understands and
agrees that any changes regarding development of the site must be in conformance
with the "Conditions of Development" stated herein.
2. The Property shall be limited to residential uses as allowed under Eagle City Code
Section 8-2-3 except that a "Nursing! Convalescent Home" shall be permitted as part
of a PUD for the site.
3. 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 Eagle as a part of
the Design Review.
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.
5. Dedicate a sufficient amount of right-of-way (as may be determined by the Ada
County Highway District and the City of Eagle) for the future alignment of Hill Road
as shown within the 2000 Eagle Comprehensive Plan on the Transportation /Pathway
Network Map #1 prior to City Council approval of the ordinance to rezone the
Property.
6. The properties to the west and north shall be buffered by single family residences with
the exception that a convalescent home shall not require such buffer.
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 made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by two individuals concerned about the density and impact on nearby residential
neighborhoods.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (one absent) to recommend approval of RZ-12-00 for a
rezone from A (Agricultural) to MU-DA (Mixed Use with a Development Agreement)
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for Coulter Properties, LLc., with the following staff recommended conditions to be
within a development agreement with the text shown as underlined to be added by the
Commission and text shown with strike-thru to be deleted by the Commission.
1. Eagle hereby acknowledges that the attached Concept Plan (Exhibit "B") represents
an example of the Applicant's current concept for the site and understands and agrees
that changes in that concept will likely occur. The Applicant also understands and
agrees that any changes regarding development of the site must be in conformance
with the "Conditions of Development" stated herein.
2. The Property shall be limited to residential uses as allowed under Eagle City Code
Section 8-2-3 except that a "Nursing! Convalescent Home" shall be permitted as part
of a PUD for the site.
3. 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 Eagle as a part of
the Design Review.
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.
5. Dedicate a sufficient amount of right-of-way (as may be determined by the Ada
County Highway District and the City of Eagle) for the future alignment of Hill Road
as shown within the 2000 Eagle Comprehensive Plan on the Transportation /Pathway
Network Map #1 prior to City Council approval of the ordinance to rezone the
Property.
6. Single family residences shall be the only structures permitted to be constructed along
the north and west boundaries of this site (so as to buffer the properties to the west
and north) with the exception that a convalescent home may be allowed next to the
north boundary if approved as part of development plan (ie design review/conditional
use permit) for this site.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on November 28,
2000, 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 Eagle City Council by no
one.
C. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one
(not including the applicant/representative).
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COUNCIL DECISION:
The Council voted 3 to 0 (Guerber abstained) to approve RZ-12-00 for a rezone from A
(Agricultural) to MU-DA (Mixed Use with a Development Agreement) for Coulter
Properties, LLc., with the following Planning and Zoning Commission recommended
conditions to be within a development agreement with the text shown as underlined to be
added by the Council and text shown with strike-thru to be deleted by the Council.
1. Eagle hereby acknowledges that the attached Concept Plan (Exhibit "B") represents
an example of the Applicant's current concept for the site and understands and
agrees that changes in that concept will likely occur. The Applicant also
understands and agrees that any changes regarding development of the site must be
in conformance with the "Conditions of Development" stated herein.
2. The owner shall submit a Planned Unit Development (PUD) and Conditional Use
Permit (CUP) application for the entire site (in accordance with Eagle City Code),
and shall comply with all conditions required by Eagle as a part of the PUD/CUP.
a. The Property shall be limited to residential uses as allowed under Eagle City
Code Section 8-2-3 except that a "Nursing! Convalescent Home" shall be
permitted as part of a PUD for the site.
&. 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 Eagle as
a part of the Design Review.
3. 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.
4. Dedicate a sufficient amount of right-of-way (as may be determined by the Ada
County Highway District) for the future alignment of Hill Road as shown within the
2000 Eagle Comprehensive Plan on the Transportation /Pathway Network Map #1
prior to City Council approval of the ordiRance to reZOfle the Property. issuance of
any buildin~ permits.
~ Single family residences shall be the only structures permitted to be constructed
along the north afld west boundaries of this site (so as to buffer the properties to the
west and north) with the exception that a convalescent home may be allowed next to
the north boundary if approved as part of development plan (ie design
review/conditional use permit) for this site.
6. The entire propertv shall be developed and maintained per the conditions of this
Development Agreement regardless of the number of owners of the property. All
lots and lot owner(s) as part of any future re-subdivision of the property shall be
subject to the conditions within this Development Agreement.
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7. The minimum lot size shall be 8,000 SQ. ft. for single family homes.
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on July 6, 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 September 1, 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
29, 2000. Requests for agencies' reviews were transmitted on July 18, 2000 in accordance
with the requirements of the Eagle City Code.
3. 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 November 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 November 8,2000.
4. The Eagle City Council reviewed the particular facts and circumstances of this proposed
rezone (RZ-12-00) 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:
a. The requested zoning designation of MU-DA 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 (including a convalescent home) 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.
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DATED this 9th day of January, 2000.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
ayor
ATTEST:
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