Findings - PZ - 2000 - RZ-14-00 - Rezone From R4 To Muda/2.816 Acre
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A REZONE WITH DEVELOPMENT AGREEMENT)
FORIFIPARTNERSII )
FINDINGS OF FACT AND CONCLUSIONS OF LA W
CASE NUMBER RZ-14-00
The above-entitled rezone with development agreement application came before the Eagle
Planning and Zoning Commission for their recommendation on November 20, 2000. The
Commission continued this item to December 18, 2000.
The 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.
B.
PROJECT SUMMARY:
IFI Partners II, represented by John Evans, is requesting a rezone from R-4
(Residential) to MU-DA (Mixed Use with a Development Agreement). The
2.816-acre site is located on the south side of Hill Road approximately 575-feet
west of Highway 55.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 28,
2000.
C.
NOTICE OF PUBUC 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 November 4, 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 3,2000. Requests for
agencies' reviews were transmitted on October 5, 2000 in accordance with the
requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use R-4 (Residential) Gravel extraction site
Proposed No Change MU-DA (Mixed Use with Resi den ti al/Commerci al
Development Agreement)
North of site Residential Three (3- R-3 (Residential) Gravel extraction site
units per acre max.)
South of site Mixed Use R-4 (Residential) Residential
East of site Mixed Use R-4 (Residential) Gravel extraction site/
Proposed Commercial-
Residential Development
West of site Residential Three (3- R-3 (Residential) Residential
units per acre max.)
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, IDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 2.816-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter stamped September 28,2000 (attached).
1.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): See applicants 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:
A preliminary review letter from the Eagle Fire Department has been received. An
approval letter from the appropriate water company having jurisdiction and the Eagle
Sewer District is required.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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:
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Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Independent School District of Boise City No.1
o.
LETIERS FROM THE PUBLIC: None received to date
ST AFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District
should complement the Central Business District and Eagle's rural
identity.
1.
Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
Chapter 9 - Parks, Recreation and Open Spaces
9.5
Pathways and Greenbelts
Pathways are non-motorized multi-use paths that are separate features from
bicycle and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
9.5.1
Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a.
To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
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b.
To provide a network of central and neighborhood paths where residents
are able to safely access and utilize pathways for alternative forms of
transportation.
e.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
Chapter 12 - Community Design
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.3
Implementation Strategies
f.
Excessively large single entity businesses that would jeopardize the
competitive environment should be discouraged.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 8-10-1(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
north and single family residences to the south. However, to assure an appropriate
transition, the specific uses for this site should be limited within a development
agreement.
The applicant has submitted the following conditions, which closely resemble
those for the property to the east (Picadilly Square), to be placed within a
development agreement with underlined text recommended to be added by staff
and text shown with strike-thru recommended to be deleted by staff.
(NOTE: The 10,500 square foot building size, as mentioned below, was measured
from the submitted concept plan.)
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2.1 The o'.vner shall soomit a Planned UAit Deyelopment (PUD) aFld Conditional
Use Permit (CUP) applicatioA for the entire site (iA accordaFlce with Eagle
City Code), aFld shall comply '.vith all conditions required by Eagle as a part
of the PUD/CUP. (NOTE: A PUD would not apply in this instance because
the minimum required area for a residential use with subordinate
commercial uses is 5-acres.)
2.1
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.
2.2 The Concept Plan represents the Applicant's current concept for completion
of the project. As the Concept Plan evolves, the City understands and agrees
that certain changes in that concept may occur. Such changes, if proposed
by the Applicant, shall be reviewed by the City as "New Business" items and
not as "Public Hearing" items unless the City determines that any such
changes require additional public comment due to potential impacts on
surrounding property or the community or unless the proposed use is a
conditional use (c) as established herein then a public hearing shall be
required. If the City determines that a public hearing shall be held on any
proposed change in the Concept Plan, notice shall be provided as may be
required by the City.
2.3 The Property shall be permitted to be developed with approximately 1.49-
acres consisting of a maximum of six dwelling units per acre and
approximately 1.33-acres consisting of a maximum of 12,000 10.500 gross
square feet of commercial buildings. The Owner acknowledges that the
minimum City parking and landscaping requirements may limit the square
footage to less than 12, 000 10,500 square feet.
2.4 The maximum size for any individual or total combination of commercial
building{§lshall be 10, 000 10,500 square feet.
2.5
For the 1.33-acres planned for commercial buildings noted in section 2.4
above, all uses shown as permitted or conditional under the Mixed Use
zoning designation within Eagle City Code Section 8-2-3 "Official Schedule
of District Regulations" shall be considered permitted uses (P) as a part of
this Development Agreement with the following exceptions:
2.5.1
The following uses which are shown as permitted (P) or conditional
(C) uses under the Mixed Use zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations" shall
be prohibited:
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Apartment
Boarding or lodging house or dormitory
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Multi-family dwelling
Single family dwelling
Two family dwelling
Ambulance service
Animal shows or sales
Artist studios
Arts and crafts shows
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Convenience store with no fuel service
Drive-in theater
Drugstore
Electronic sales, service, or repair shop
Equipment rental and sales yard
Hardware store
Hospital
Hotel
Live entertainment events
Mobile office
Motel
Parking lot, parking garage commercial
Personal improvement
Restaurant (no drive-thru)
Retail sales (general)
Riding academies/stables
Shopping center (see note below)
NOTE: The City acknowledges that each commercial
parcel may consist of more than one building and that buildings
may be multi-tenant but that due to the limitations herein (i.e.:
limited uses and a gross square footage cap on commercial that is
less than 30,000 square feet) that such development shall not be
considered a s"Shopping e~enter" (as defined by Eagle City
Code).
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
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H
2.5.2
2.5.3
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
The following uses which are shown as permitted (P) or conditional
(C) under the Mixed Use zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations" shall
require a separate conditional use permit (CUP) in addition to the
POO/CUP required for the entire site:
Banks/financial institutions (with drive-up service)
Childcare (Daycare Center)
Childcare (Group)
Commercial entertainment facilities (indoor)
Commercial entertainment facilities (outdoor)
Flex space
Food and beverage sales
Kennel
Laundry (with drive-up service)
Mortuary
Nursery, plant materials
NursiFlg/-coFlvalesceBt home
Industry O:lstom
Industry Limited
Industry Research and Development
Research activities
Public service facilities
School, public or private
Retail sales (limited) and Retail sales (pharmacies and medical) shall
be permitted as a part of this Development Agreement. However,
the total gross square footage of the combined uses of Retail sales
(limited) and Retail sales (pharmacies and medical) shall not exceed
twelve tHousafld (12,000) ten thousand-five hundred 00,500) square
feet. The City acknowledges that Retail sales (limited) allows all
uses allowed in Retail Sales (General) except those uses excluded by
paragraph "B. Limited" under the Eagle City Code definition of
Retail Sales and except as otherwise may be restricted herein.
.'\lthough Eagle City Code SectioB 8 6 1 allows teA perceBt (10%) of a PUD to
iBclude uses that the "Official ScHedule of District Regulations" show as
prohibited, iB BO case shall aflY of tHose proHibited uses be permitted for this site.
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2.6
Only those uses as stated herein, with listed restrictions as mentioned within this
agreement, shall be allowed.
2.7
Except as proYided for herein 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.
2.8 The applicant's property shall become annexed into the Eagle Sewer District's
seryice boundaries and shall comply with all applicable Eagle Sewer District
regulations and conditions prior to approval of any final development plan for this
site.
2.9 The applicant shall construct a pathway/greenbelt in accordance with the
Transportation / Pathway Network Map #1 as adopted by the City of Eagle on
, November 9, 1999.
.
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 Comprehensi ve Plan~ and
e. No non-conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATIONS 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 (as proposed by the applicant) with underlined text recommended to be added
by staff and text shown with strike-thru recommended to be deleted by staff:
2.1 The owner shall submit a PlaRl'led Unit De'/elopment (PUD) aHd Conditional
Use Permit (CUP) application for the entire site (in accordaHce with Eagle
City Code), afld shall comply with all conditions ref}uired by Eagle as a part of
the PUD/CUP. (NOTE: A PUD would not apply in this instance because the
minimum required area for a residential use with subordinate commercial uses
is 5-acres.)
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2.1 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.
2.2 The Concept Plan represents the Applicant's current concept for completion of
the project. As the Concept Plan evolves, the City understands and agrees that
certain changes in that concept may occur. Such changes, if proposed by the
Applicant, shall be reviewed by the City as "New Business" items and not as
"Public Hearing" items unless the City determines that any such changes
require additional public comment due to potential impacts on surrounding
property or the community or unless the proposed use is a conditional use (c)
as established herein then a public hearing shall be required. If the City
determines that a public hearing shall be held on any proposed change in the
Concept Plan, notice shall be provided as may be required by the City.
2.3 The Property shall be permitted to be developed with approximately 1.49-
acres consisting of a maximum of six dwelling units per acre and
approximately 1.33-acres consisting of a maximum of 12,000 10,500 gross
square feet of commercial buildings. The Owner acknowledges that the
minimum City parking and landscaping requirements may limit the square
footage to less than 12, 000 10,500 square feet.
2.4 The maximum size for any individual or total combination of commercial
building{&shall be 10, 000 10,500 square feet.
2.5 For the 1.33-acres planned for commercial buildings noted in section 2.4
above, all uses shown as permitted or conditional under the Mixed Use zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of
District Regulations" shall be considered permitted uses (P) as a part of this
Development Agreement with the following exceptions:
2.5.1
The following uses which are shown as permitted (P) or conditional
(C) uses under the Mixed Use zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations" shall
be prohibited:
Apartment
Boarding or lodging house or dormitory
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Multi-family dwelling
Single family dwelling
Two family dwelling
Ambulance service
Animal shows or sales
Artist studios
Arts and crafts shows
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Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Convenience store with no fuel service
Drive-in theater
Drugstore
Electronic sales, service, or repair shop
Equipment rental and sales yard
Hardware store
Hospital
Hotel
Live entertainment events
Mobile office
Motel
Parking lot, parking garage commercial
Personal improvement
Restaurant (no drive-thru)
Retail sales (general)
Riding academies/stables
Shopping center (see note below)
NOTE: The City acknowledges that each commercial
parcel may consist of more than one building and that buildings
may be multi-tenant but that due to the limitations herein (i.e.:
limited uses and a gross square footage cap on commercial that is
less than 30,000 square feet) that such development shall not be
considered a &"Shopping e~enter" (as defined by Eagle City
Code).
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
2.5.2
The following uses which are shown as permitted (P) or conditional
(C) under the Mixed Use zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations" shall
require a separate conditional use permit (CUP) in addition to the
POO/CUP required for the entire site:
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Banks/financial institutions (with drive-up service)
Childcare (Daycare Center)
Childcare (Group)
Commercial entertainment facilities (indoor)
Commercial entertainment facilities (outdoor)
Flex space
Food and beverage sales
Kennel
Laundry (with drive-up service)
Mortuary
Nursery, plant materials
Nursin~O1:¡yaleseØRt høme
Industry C1:1stom
Industry Limited
Industry Research and Development
Research activities
Public service facilities
School, public or private
2.5.3
Retail sales (limited) and Retail sales (pharmacies and medical) shall
be permitted as a part of this Development Agreement. However,
the total gross square footage of the combined uses of Retail sales
(limited) and Retail sales (pharmacies and medical) shall not exceed
twelve tflol:1sand (12,000) ten thousand-five hundred (10,500) square
feet. The City acknowledges that Retail sales (limited) allows all
uses allowed in Retail Sales (General) except those uses excluded by
paragraph "B. Limited" under the Eagle City Code definition of
Retail Sales and except as otherwise may be restricted herein.
2.6 .^..lthOl:1gfl Eagle City Code SectioR g 6 1 allows taR perceRt (10%) of a PUD
to include uses that the "Official Schedule of District Regulations" show as
prohibited, iR RO case shall any of those prohibited uses be permitted for this
site-.
2.6 Only those uses as stated herein, with listed restrictions as mentioned within this
agreement, shall be allowed.
2.7 Except as provided for herein 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.
2.8 The applicant's property shall become annexed into the Eagle Sewer District's
service boundaries and shall comply with all applicable Eagle Sewer District
regulations and conditions prior to approval of any final development plan for this
site.
2.9 The applicant shall construct a pathway/greenbelt in accordance with the
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Transportation / Pathway Network Map #1 as adopted by the City of Eagle on
November 9, 1999.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 20, 2000, and on December 18, 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 no one.
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 3 to 1 (Deckers against)(Cadwell abstained) to recommend
approval of RZ-14-00 for a rezone from R-4 (Residential) to MU-DA (Mixed Use with
development agreement) for IFI Partners n with the following conditions to be placed
within a development agreement.
2.1 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.
2.2 The Concept Plan represents the Applicant's current concept for completion of
the project. As the Concept Plan evolves, the City understands and agrees that
certain changes in that concept may occur. Such changes, if proposed by the
Applicant, shall be reviewed by the City as "New Business" items and not as
"Public Hearing" items unless the City determines that any such changes
require additional public comment due to potential impacts on surrounding
property or the community or unless the proposed use is a conditional use (c)
as established herein then a public hearing shall be required. If the City
determines that a public hearing shall be held on any proposed change in the
Concept Plan, notice shall be provided as may be required by the City.
2.3 The Property shall be permitted to be developed with approximately 1.49-
acres consisting of a maximum of four dwelling units per acre and
approximately 1.33-acres consisting of a maximum of 10,500 gross square
feet of commercial buildings. The Owner acknowledges that the minimum
City parking and landscaping requirements may limit the square footage to
less than 10,500 square feet.
2.4 The maximum size for any individuator total combination of commercial
building(s) shall be 10,500 square feet.
2.5 For the 1.33-acres planned for commercial buildings noted in section 2.4
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above, the only allowed uses shall be as follows:
Permitted (P) Uses:
- Horticulture(general)
- Horticul ture(limi ted)
-Roadside stand (temporary structure)
-Home Occupation
-Planned Unit Development
-Bed and Breakfast facility
-Catering Service
-Childcare(family)
-Christmas Tree Sales
-Church
-Clinic
-Communications Facilities
-Office, Business and Professional
-Parking Lot, Parking Garage
-Personal Wireless Facilities (Height 35 feet or less)
-Professional activities
Uses Requiring a Conditional Use Permit
-Childcare (Daycare Center)
-Childcare (Group)
-Flex Space
- Kennel
-Mortuary
-Nursery, Plant Materials
-Nursing / Convalescent Home
-Industry Research and Development
-Research Activities
-Public Service Facilities
-School, Public or Private
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2.6 Only those uses as stated herein, with listed restrictions as mentioned within this
agreement, shall be allowed.
2.7 Except as provided for herein 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.
2.8 The applicant's property shall become annexed into the Eagle Sewer District's
service boundaries and shall comply with all applicable Eagle Sewer District
regulations and conditions prior to approval of any final development plan for this
site.
2.9 The applicant shall extend an 8-inch sewer line to the property to the west (known
as the Low property) for future connection to that property.
2. 10 The applicant and the abutting parcel to the west shall resolve and provide
documentation concerning the disputed septic easement, prior to the issuance of
any building permits.
2.11 The residential portion of the development shall be limited to a maximum density
of four (4) dwelling units per acre.
2. 12 Although Eagle City Code Section 8-6-4 allows ten percent (10%) of a PUD to
include uses that the "Official Schedule of District Regulations" show as
prohibited, in no case shall any of those prohibited uses be permitted for this site.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 28, 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 November 4, 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
3, 2000. Requests for agencies' reviews were transmitted on October 5, 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-14-00) 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 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 only those uses outlined within the development agreement and since any
commercial uses will have adequate buffers as required with design reveiw;
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 January, 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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