Findings - PZ - 2002 - RZ-17-00 - Rezone Fromar To Muda/1.09 Acre/12700 Horseshoe Bend Rd
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A REZONE
FROM A-R (AGRICULTURE-RESIDENTIAL) TO MU-DA
(MIXED USE WITH DEVELOPMENT AGREEMENT)
FOR LLOYD CAMPBELL
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-17-00
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on October 15, 2001, at which time the hearing was continued to November 19, 2001.
The item was then continued to March 18, 2002 and subsequently continued to April 15, 2002. and the
Commission made their decision at that time. The Eagle Planning and Zoning Commission having heard
and taken oral and written testimony makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
B.
PROJECT sUMMARY:
Lloyd Campbell is requesting a rezone from A-R (Agricultural-Residential) to MU-DA
(Mixed Use with Development Agreement). The 1.09-acre site is located west of State
Highway 55 approximately ISO-feet south of Beacon Light Road at 12700 Horseshoe
Bend Road.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 27,2000.
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 26.2001. 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 September 29, 2001. Requests for agencies' reviews were transmitted on
October 30, 2000, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 2, 2001, the Eagle City Planning and Zoning Commission recommended to
deny RZ-17 -00 for a rezone from A-R (Agriculture - Residential) to MU (Mixed Use).
On July 17, 2001 the Eagle City Council (with the applicant's consent) remanded the
rezone application with the stipulation that a development agreement to limit the use of the
site be prepared.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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G.
H.
1.
J.
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use A-R (Agricultural- Vacant
Residential)
Proposed No Change MU (Mixed Use) Limited Retail
North of site Residential Rural (up to RUT (Residential) Ada Pasture & Residences
one dwelling unit per 5- County designation
acres)
South of site Residential Two (up to two A-R (Agricultural- Pasture
dwelling units per acre) Residential)
East of site Not in Eagle City Area of RUT (Residential- Ada Residences
Impact County designation)
West of site Residential Estates (up to A-R (Agricultural- Residences & Gas
one dwelling unit per two Residential) & R-E Station
acres) & Mixed Use (Residential-Estates)
DESIGN REVIEW OVERLA Y DISTRICT: None
TOTAL ACREAGE OF SITE: 1.09-acres
APPLICANT'S STATEMENT OF JUSTIFICA nON FOR THE REZONE:
See applicant's justification letter (attached).
APPLICANT'S STATEMENT OF JUSTIFICA nON OF A DEVELOPMENT AGREEMENT (if
applicable):
This item was remanded to staff by the City Council (with the applicant's consent) with
the stipulation that a development agreement to limit the use of the site be prepared. The
applicant has submitted a list (date stamped by the City of Eagle on August 13,2001) of
proposed conditions to be placed within a development agreement.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Eagle Fire Department has been received. The
Eagle Sewer District states this property is currently in the District's planning boundary
but has not been annexed and new sewer is available. The Central District Health
Department has no objections to the rezone but acknowledges that fill material at the site
may affect the approval of on-site sewage disposal.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone is in conformance with
applicable provisions of the Eagle City Code.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. The letters
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address the initial submittal of this application and while a development agreement
accompanies this current submittal, no physical variables of the rezone itself have
changed.
City Engineer: All comments within the City Engineer's letters dated December 14, 2000, and
December 27, 2000 are of special concern (see attached).
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire District
Eagle Sewer District
O.
LETTERS FROM THE PUBLIC:
Thirty-one (31) letters in opposition to this proposal and one (1) letter and a petition
signed by twenty-eight (28) individuals in favor of this proposal were previously
submitted and were entered into the record during the July 17, 2001, City Council
meeting.
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 Mixed Use, suitable primarily
for a variety of uses such as limited office, limited commercial, and residential developments.
Uses should complement uses within the Central Business District (CBD). Development
within this land use designation should be required to proceed through the PUD and/or
Development Agreement process.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
On October 4, 200 1, the Eagle Planning and Zoning Commission recommended approval of
proposed Zoning Ordinance Amendment (ZOA-6-01) which in part requires the installation of
central services (sewer and water) for all commercial development. This item is tentatively
scheduled for a public hearing with the City Council on November 13, 2001.
C.
DISCUSSION:
.
The rezone will not cause the site to be in non-compliance with Eagle City Code.
.
A MU-DA (Mixed-Use with development agreement) zoning designation should be utilized to
limit the uses for this site to low intensity uses (uses to be determined by the City Council). A
low intensity use may be an appropriate transitional use for the site with the high intensity use
of State Highway 55 to the east and the low intensity use of the single-family rural residences
to the west. To ensure the property develops consistently with the goals and objectives of the
City, specific low intensity uses should be the only uses allowed within the development
agreement.
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.
Under the current zoning of A-R (Agriculture-Residential) and the proposed MU (Mixed Use)
zoning designation, farmers markets and temporary roadside stands are permitted uses
pursuant to ECC Section 8-2-3. A development agreement would not be necessary to facilitate
the development of the aforementioned uses since they are presently allowed to operate on the
site. However, the applicant's desire to develop the site into something more than temporary
structures for a roadside stand or seasonal farmers market certainly entails a larger degree of
examination, not only for the use and design of the property but also the availability of public
services such as sewer and water.
Central sewer service is currently not available to the site. Staff recommends that a condition
be placed within the development agreement that limits the use of the site to only farmers
markets and temporary roadside stands until central services are extended to the site.
Moreover, the proposed zoning ordinance amendment ZOA-6-01, if passed, would require
sewer connection for all sites proposed for commercial development. Even though this
ordinance is not currently in effect and is not applicable to this application, any future
application for a permanent commercial structure for this site would be required to connect to
central sewer as a condition of design review. Therefore, the proposed development
agreement has been drafted to address certain uses which may be permitted depending upon
the availability of central sewer.
.
The applicant has submitted the following conditions, 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.
2.1 =~C:8£:l~;: :"dod 10 .eoslnlet ~~ "".- a h.S",~~ ~~~~ ~:;;
::;:;:':' . .j uti ",",<I). ,oIhRg $'" vogetables ..d ~~ ~~':: ~~
s ~d-;:;~'~l:i;;. The BHsiDess will alsa Be allaweà to sell seasaøal items stieh
as CHristmas k'-ees.
- Christmas tree sales
- Farmer's Market (outdoor)
- Roadside stand (temporary structure)
- Street Fair
2.2 The following: uses listed below shall be permitted (with the additional restrictions as
noted within this agreement). provided however. that centralized water and sewer
facilities are available to site: and anv commercial buildine: shall be required to
connect to central water and sewer:
- Artist studios
- Club or Lode:e
- Offices. Business and Professional
- Retail sales (limited)
2.3 The ~f>lieaBt shall Be p~eà 1a eaDstrHet a permaBeRt stRleHue aD tke pfaperty
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~~::r:~::" O£",.......';080<1 ¡'H6iøe.ooe. Thi. àailding - B.t ...oed
the "feat¡mBt" saaR Bat eJlceed 3000 SElHæ:e feet. The
maximum size for an individual commercial buildin shall be 3000 s uare feet.
individual commercial buildin shall be 20-feet hi h
2.5 The applieaBt shall Be peRRitted ta eaBstmet a gt'Q':el parlåBg let øf saffteieøt
capaeity, to provide aft street parlåBg fer the Basæess.
2.6 The businesses listed in Section 2.1 will be allowed to operate during the hours of
7:00 :\M 8:00 AM to 9:09 PM 8:00 PM, seven days a week for a period not to exceed
six (6) months of each year of operation. The businesses listed in Section 2.2 will be
allowed to operate durin!!: hours to be set forth durin!!: anv approval of a desie:n review
application for the site.
2.7 ~ :"~ w; ::. :: ~ ..'doer ligktiBg Ie . øllB~ ~~~= :"::~
:: =-.: ~ 8 ..f O'OR' kgBIH>g te OR,"," tko Itoallh IIBd ~ ~ ~:
=~;:: ~~::: !fie boom."- DifectiOOa! lig~ ~o~~~~ ~ ~
': e . i 1. SlgRS adveFusæg the BHsløess shall Bet èe self
ilkiæiBateà Bat mil-)' have àireetiaBalligàt shæeà OR them.
2.8 The applicant shall keep his property free of excessive accumulation of debris, litter,
produce boxes, and spoiled merchandise. Anv and all stora!!:e of materials shall be
screened pursuant to Ea!!:le City Code and approval of Design Review.
2.9 Employee's restroom will be out-of-sight to customers, and have a lock on the door.
2.10 ;'&i~~c=::~f'..f""'. &lid ........1, .,0<1, will~. as :..!'._~ ~!,:~
(Ea al eoæJ3ly 'lilth all eaBàltleRS r8ElH1feà BY Eagle as paFt eí
the DesigR Review.
The owner shall submit a Desie:n Review application for the site (as reQuired by the
Ea!!:le City Code), and shall complv with all conditions reQuired bv Ea!!:le as a part of
the Desie:n Review.
2.11 The Concept Plan represents the Applicant's current concept for completion of the
project. As the Concept Plan evolves. the City understands and ae:rees that certain
chan!!:es in that concept mav occur. Such chan!!:es, if proposed bv the Applicant, shall
be reviewed bv 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 ...otential im_acts on surroundin ro ert or the communit. If the Cit
determines that a public hearin!!: shall be held on anv proposed chan!!:e in the Concept
Plan, notice shall be provided as mav be reQuired by the City.
2.12 Except as provided for herein the development shall comply with the Ea!!:le City Code.
as it exists in final form at the time an application is made and the conditions within
this ae:reement shall be satisfied.
2.13 The applicant's propertv shall become annexed into the Ea!!:le Sewer District's service
boundaries and shall comply with all applicable Ea!!:le Sewer District re!!:ulations and
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conditions prior to approval of any use listed in Section 2.2 of this document.
SUPPLEMENTAL TO STAFF REPORT DATED OCTOBER 11, 2001:
Pursuant to the direction of the Commission (on November 19, 2001), City staff prepared and sent
a letter to the Central District Health Department on December 17,2001, (attached) concerning the
accommodation of a septic system on the subject site. To briefly summarize the response letter
from Mike Reno of CDHD dated December 19, 2001, the sizing of any septic system is in part
based on assumptions. At a minimum, the fruit stand's daily operations would require a septic
system to handle two hundred fifty (250) gallons of flow per day. Whether the system is required
to be larger is dependent upon assumptions of additional use; i.e. will it be used exclusively by
employees and patrons of the site, or will the general public that may only be passing by and
stopping use the facilities also? Using the assumptions noted within the CDHD letter and based
on daily operations of the fruit stand and employee patron use of the restroom (not including pass
by traffic), the site would be required to install a septic system able to handle a minimum of four
hundred ninety (490) gallons of flow per day. This of course is a minimum based on anticipated
commercial activity at the site (it could be more and could be less) and as such is not a highly
controllable variable. Further, it would be difficult to distinguish patrons of the site from those
traveling by. An emplovee only restroom provides a greater opportunity for control since the
identity and quantity of employees is known. While guaranteeing the exclusivity of employee use
of the restroom would be difficult to monitor, the same discretion given to other businesses to
comply with the rules should be applied in this case.
The installation of a septic system and location on the site requires the review of multiple variables
by the CDHD including the use of restroom facilities by employees and or the general public,
proximity of water lines and wells and the location of proposed parking and storm drainage
facilities. Since this determination can be made only with a detailed site plan, it is not feasible at
this time to determine the size of the septic system or whether the site is capable of handling a
septic system. Because this application is for a rezone with development agreement only,
engineered drawings are not required (nor requested since approval of a rezone is not guaranteed).
However, since the development of this site is guided with a development agreement, the City can
condition the rezone in order to provide certain safeguards while determinate factors are yet to be
calculated. Based upon the aforementioned discussion, the applicant should construct a septic
system (including the drain field) designed to accommodate a minimum of two hundred fifty (250)
gallons of flow per day and a maximum of five hundred (500) gallons of flow per day, wholly
within the 1.09-acre site upon which the retail building is situated. In addition, the applicant
should limit restroom use to employees only to alleviate the overuse of the septic system. An
approval letter from the Central District Health department should be submitted prior to the City
prior to the issuance of any building permits for the site.
In addition, staff has incorporated concerns of both the Commission as well as the public into
conditions to be included within the development agreement for the rezone of this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends approval of the requested
rezone with conditions to be placed within a development agreement as outlined in the
supplemental staff report dated March 14, 2002.
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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 October
15,2001, at which time testimony was taken and the item was continued to November 19, 2001. The
item was again continued to April 15, 2002, at which time 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 eight (8) individuals concerned with traffic, congestion and safety at the intersection of Beacon
Light Road and State Highway 55; parking problems and noise created at the site adjacent to this one,
lack of details and clear identification of a use for the site, and sewage problems from past
development.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual (not including the applicant) who believed that the conditions as outlined in the staff
supplemental report dated March 14, 2002. were satisfactory to the Bogus Ridge Homeowner's
Association, and emphasized that an open line of communication needs to be maintained between the
applicant and the homeowner's association.
D. Written testimony from the Bogus Ridge Homeowner's Association was presented to the Planning and
Zoning Commission which described the neighborhood meeting between the applicant and neighbors
and also listed conditions that would be favorable for inclusion into a development agreement.
COMMISSION DECISION:
The Commission voted 3 to 0 (Cadwell, Nordstrom absent) to recommend approval of RZ-17-00
for a rezone from A-R (Agriculture-Residential) to MU-DA (Mixed Use with Development
Agreement) with the following staff recommended conditions to be placed within a development
agreement, with underlined text to be added by the Commission:
1. A septic system (including the drain field) designed to accommodate a minimum of two hundred
fifty (250) gallons of flow per day and a maximum of five hundred (500) gallons of flow per day
shall be constructed wholly within the 1.09-acre site upon which the retail building is situated.
The applicant shall provide an approval letter from the Central District Health Department of the
entire septic system prior to the issuance of any building permits for the site.
2. The site may be developed for the sale of the following goods listed below, with restrictions as
noted within this agreement:
Agricultural products such as fruits, vegetables, grains and dairy products, and associated
foodstuffs meant for consumption off-site.
Seasonal items including pumpkins and Christmas trees.
Canned foods and preserves, honey, juices and similar items.
Locally produced craft items, souvenirs, and collectibles.
Tobacco, alcoholic beverages, flTeworks, weapons and ammunition, adult-oriented paraphernalia,
"fast food" items and, video sales and rentals shall be prohibited.
3. A restroom for the exclusive use of the employees of the retail building shall not be located in
direct sight of the general public. A sign shall be posted stating no public restrooms are available
on the premises and a lock shall be placed on the restroom door.
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4. The maximum size for any individual commercial building shall be 2,000 square feet.
5. The maximum height for any individual commercial building shall be 20-feet high, one story.
6. The retail store will be allowed to operate during the hours of 8:00 AM to 9:00 PM, seven days a
week. Vendor deliveries are permitted between the hours of 9:00 AM and 3:00 PM, Monday
through Friday only.
7. Parking shall be prohibited on both sides of Horseshoe Bend Road. The applicant shall coordinate
with the Ada County Highway District to install "No Parking" signs along both sides of the
roadway.
8. The applicant shall keep his property free of excessive accumulation of debris, litter, produce
boxes, and spoiled merchandise. Any and all storage of materials shall be screened pursuant to
Eagle City Code and approval of Design Review.
9. 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.
Throughout the Design Review process the applicant shall allow a three-member subcommittee of
the Bogus Ridge Subdivision Homeowner's Association to participate and make recommendations
on the design of the site.
10. The Concept Plan attached hereto and labeled Exhibit "A" 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 as a part of the Design Review process.
11. Except as provided for herein the development shall comply with the Eagle City Code, as it exists
in [mal form at the time an application is made and the conditions within this agreement shall be
satisfied.
12. 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 within 180-
days upon the availability of a central sewer system in the area surrounding the subject site.
13. A designated representative of the Boe:us Ride:e Subdivision Homeowner's Association shall be
copied on all correspondence sent bv the City of Eae:le to Lloyd Campbell.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 27, 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 26, 2001. 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 September 29, 2001. Requests for agencies'
reviews were transmitted on October 30, 2000, in accordance with the requirements of the Eagle City
Code.
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3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-17-00)
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 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 there is no objection to the change in zoning
designation of the land. This information does not include the provision of individual
wells and individual septic systems; Central District Health Department approval of
these systems will be required. The Eagle Sewer District will require plans for review
prior to making any decision regarding development of the site.
c. The proposed MU-DA zone is compatible with the current zoning and uses to the west
where a gas station currently exists.
d. The proposed MU-DA zone is compatible with State Highway 55 to the east and may
be more suitable to accommodate a commercial development rather than residential.
e. The proposed MU-DA zone is compatible to the areas to the north and south, since a
commercial development may provide a buffer and transition from the abutting
roadways to the existing residences.
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
g. No non-conforming uses are expected to be created with this rezone.
DATED this 6th day of May 2002.
- Jk (~<>- I?- ~ (9ð'\-e-
Sharon K. Moore, Eagle Ci y Clerk
ATTEST:
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