Findings - PZ - 2001 - RZ-17-00 - Rz From Ar To Mu/ 1.09 Acre/12700 Horseshoe Bend Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A-R (AGRICULTURE-RESIDENTIAL)
TO MU (MIXED USE FOR LLOYD CAMPBELL
)
)
)
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 January 2, 2001. 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.
PROJECT SUMMARY:
Lloyd Campbell, represented by Roylance & Associates, is requesting a rezone from A-R
(Agricultural Residential) to MU (Mixed Use). The 1.09-acre site is located west of State
Highway 55 approximately 150-feet south of Beacon Light Road at 12700 Horseshoe
Bend Road.
B.
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 December 16, 2000. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on December 15, 2000. 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: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use A-R (Agricultural- Vacant
Residential)
Proposed No Change MU (Mixed Use) None provided
North of site Residential Rural R-T (Residential) Ada Pasture & Residences
County designation
South of site Residential Two R-E (Residential) Pasture
East of site Not in Eagle City Area of R- T (Residential) Ada Residences
Impact County designation
West of site Residential Estates & A-R (Agricultural- Residences & Gas
Mixed Use Residential) & R-E Station
(Residential)
G.
DESIGN REVIEW OVERLAY DISTRICT: None
H.
TOTAL ACREAGE OF SITE: 1.09-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter (attached).
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): None proposed.
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters from the Central District Health Department, Eagle Fire
Department, and Eagle Sewer District have been received.
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. Comments
which appear to be of special concern are noted below:
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
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O.
Department of Environmental Quality
Eagle Fire District
Eagle Sewer District
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE REPORT:
A.
B.
c.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this area as Mixed Use.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
DISCUSSION:
.
The rezone will not cause the site to be in non-compliance with Eagle City Code.
.
Because the applicant has not submitted nor proposed a use for this site, the concern arises
as to how the property will develop. All sites, including this site, are not always well
suited for all the uses designated within the zoning ordinance; some are better (or worse)
than others. A Development Agreement would be a useful tool in guiding the project to
reach its full potential to be beneficial to and harmonious with the community. Therefore,
staff recommends to the Commission that a development agreement is entered into
between the City and the applicant to ensure the property develops consistently with the
goals and objectives of the City. Staff will defer to the Commission to discuss what uses
are most desirable for the site.
.
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 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 will exist
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 west where
a gas station currently exists. The proposed rezone is compatible with State Highway
55 to the east and may be more suitable to accommodate a commercial development
rather than residential. The proposed rezone is compatible to the areas to the north
and south, as it will provide a compatible buffer and transition from the abutting
roadways to the existing residences.
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.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
2,2001, 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; lack of 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 no
one (not including the applicant).
D. Written testimony in opposition to this proposal was presented to the City Council by twenty-eight (28)
individuals concerned about the impact of a commercial use on their nearby residential property,
additional traffic on Beacon Light Road, increases in air pollution and noise, and the development of
commercial uses more properly suited for downtown locations. The letters are incorporated into these
findings by reference.
COMMISSION DECISION:
The Commission voted 3 to 1 (Bloom absent, Deckers against) to recommend denial of RZ-17 -00
for a rezone from A-R (Agriculture-Residential) to MU (Mixed Use). The Commission held that
to rezone the property to MU without a specifically identified use, as well as a lack of adequate
services would not be conducive to the proper development of this property. Based upon this the
Commission determined that in the future, the rezone may be considered with a development
agreement which addresses the proposed use, management of traffic and services to the site.
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 December 16, 2000. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on December 15,2000. Requests for agencies' reviews
were transmitted on October 30, 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-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 not in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because:
a. Although the requested zoning designation of MU may be in accordance with the
Mixed Use classification shown on the Comprehensive Plan Land Use Map, this
application has not identified a specific use for the site nor addressed the mitigation of
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traffic and how the site is to be served by essential services such as sewer. Since this
information is deficient the City cannot be assured that the site will develop with a
quality and function that is aligned with the City of Eagle Comprehensive Plan and
established goals and objectives.
DATED this 2nd day of July 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Id
jI~. -\L ?!1~
Sharon oore, Eagle City Clerk
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