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Findings - PZ - 2000 - RZ-12-00 - Rezone From Agricultural To Mu-Da/24.84 Acre Site ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION 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 ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-12-00 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on September 25,2000. 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: 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 SUBMITIAL: 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. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: None Page 1 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2000\RZ-12-00 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNA TION 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 - PubliclResidential Three (3-units per acre Center 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) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. TOTAL 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. AVAILABILITY 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. Page 2 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2000\RZ-12-00 pzf.doc 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, ID 83616 STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS 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. Page 3 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2000\RZ-12-00 pzf.doc Chapter 6 - Land Use 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. Page 4 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2000\RZ-12-00 pzf.doc B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS 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 f.s may be allowed per Eagle City Code Sectiofl g 2 1 this Developmel'lt Agreemel'lt is being used in lieu of the PUD process to pefl'Hit r~sidential developmel'lt of 1:lp to 20 d'.vellil'lg ul'lits per acre and an assisted livil'lg facility with the col'lditiol'ls tHat: A. The design al'ld layo1:lt sHall be reviewed ul'lder Eagle's Desigl'l Revie'.v process; B. The residential density alol'lg the west property lil'le shall be compatible with the existil'lg residential development abllttil'lg the west bo1:ll'ldary; aftd C. .\l'lY public road improvemel'lts (il'lcludil'lg b1:lt l'lot limiteà to tHe plaftl'leà extel'lsion of Hill Road) sHall comply with tHe requiremel'lts of tHe .^.da CO1:ll'lty HigHway District. 2.2 The owner shall submit a Planned Unit Development (PUD) and Conditional Use Permit (CUP) application for the entire site (in Page 5 of 9 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-12-00 pzf.doc accordance with Eagle City Code), and shall comply with all conditions required by Eagle as a part of the PUD/CUP. a. Other thafl the uses specified il'l Article 2.2 above, ør as spøøified \vithin this pai"agrapH, aflY "Permitted" uses or "Col'lditiol'lal" 1:lses showl'l witHin the Mixed Use zol'lil'lg designatiol'l under Eagle City Code Sectiol'l g 2 3 shall be s1:lbjeat to appro'/al of tHe Eagle City Co1:ll'lail under the PUD or Col'lditional Use Permit proeess 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 .^..pplicaflt sHalll'lot torleit 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. Page 6 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2000\RZ-12-00 pzf.doc STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: 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 way (as way (as way (as 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). Page 7 of 9 K:\Planning Dept\Eagle Applications\RZ&A\20oo\RZ-12-oo pzf.doc COMMISSION DECISION: The Commission recommended approval (four to zero, one absent) of 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 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. CONCLUSIONS OF LAW: 1. 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 Page 8 of 9 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-12-00 pzf.doc 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. The Commission 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. DATED this 16th day of October, 2000. PLANNING AND ZONING COMMISSION OF THE CITY EAGLE A Coo tyo IdrJ-~ ATTEST: ,to'HUllr"'f.t "..¡tt 0 r.. E ##~ ~'" . ,,{ J)j. ~~1....."'~~ ~"<,, if.>- .>" :.' \..J ":(L\ ';¡, :: ","J? 0;1<1 " ~..... ~" (',,'" <~., ~ Pi::" .,.,!~ ~: . ~ M ., ... ... " ~ ~ ~ ~ ~ (r. ¿/ ".. ,{'... // "'"~~~:~~'~"~:"'" ~~.>/ """"-'" Page 9 of 9 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-12-00 pzf.doc ~ r, .L.. .... t.. ~ §-T~ Shardn Moore, Eagle City lerk