Findings - CC - 2001 - R-16-00 - Rz From R4 To Cbd-Da/0.41 Acre Site 209 S Eagle
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM R-4 (RESIDENTIAL) TO CBD-DA
(CENTRAL BUSINESS DISTRICT WITH A
DEVELOPMENT AGREEMENT) FOR
J BAR K AND ASSOCIATES
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-16-00
The above-entitled rezone application came before the Eagle City Council for their action on February
13, 2001. 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:
J Bar K & Associates, represented by James Band is requesting a rezone from R-4
(Residential) to CBD-DA (Central Business District with Development Agreement). The
O.4I-acre site is located on the west side of Eagle Road approximately 600-feet south of
State Street at 209 S. Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 26,2000.
e.
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 2, 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 28, 2000. Requests for agencies' reviews were
transmitted on November 28, 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 DESIGNATION
Existing Central Business District R-4 (Residential) Residence
Proposed No Change CBD-DA (Central Business Office
District with a development
agreement)
North of site Central Business District R-4 (Residential) Residences
South of site Central Business District R-4 (Residential) Residences
East of site Central Business District R-4 (Residential) Residences
West ofsite Central Business District CBD (Central Business Retail
District)
G.
DESIGN REVIEW OVERLAY DISTRICT: TDA (Transitional Development Area)
H.
TOTAL ACREAGE OF SITE: O.4I-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated October 30, 2000, provided by the applicant.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT
(if applicable): None proposed by applicant.
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters from the Central District Health Department, Eagle Fire
Department, and the Eagle Sewer District have been received. An approval letter from
the water company having jurisdiction over the site 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 be in conformance with
applicable provisions of the Eagle City Code if the conditions in the proposed
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 City Engineer's letter dated November 2, 2000 are of
special concern (see attached).
Ada County Highway District
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Central District Health Department
Drainage District # 2 (Ringert Clark)
Eagle Fire District
Eagle Sewer District
O.
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WlTIDN 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 Central Business District.
Chapter 6 - Land Use
Central Business District
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A
variety of business, public, quasi-public, cultural, residential and other related
uses are encouraged. The greatest possible concentration of retail sales and
business is to occur in this land use designation. Pedestrian friendly uses and
developments are encouraged. Land within this district requires a CBD zoning
designation upon any rezone.
Chapter II -- Special Areas and Sites
11.2 - Recognized Special Areas and Sites
Central Business District (CBD)
The Central Business District is recognized as a special area due to its historical
and architectural significance. It is recognized as the commercial hub of the
community. The Central Business District is depicted on the Comprehensive
Plan Land Use Map.
Emphasis should be given to encouraging new housing in and adjacent to the
CBD. Use of existing houses within the CBD for both residential and
commercial purposes should be encouraged.
State StreetlEagle Road Corridor:
The State StreetlEagle Road Corridor is designated as a Special Area due to its
historical, architectural and scenic significance. This area is depicted on the
Comprehensive Plan Land Use Map.
Chapter 12 - Community Design
12.2
Goal
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Strive to create an aesthetically pleasing community and protect the unique
natural beauty and small town character of the City.
12.3
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 oftentimes 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.
Design review procedures should guide future development and redevelopment
of existing uses. Depending on land uses and buildings, more extensive
landscaping and fewer points of access may be required. The design review
process will afford the opportunity to address the special features of each
property and facility in a manner that will best address the overall intent of
enhancing Eagle's entryways. Eagle's entrance corridors may take on the look
of berms built adjacent to the Banbury and Lexington Hills Subdivisions.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
e.
DISCUSSION:
.
The rezone will cause the building and site to be in non-compliance with several Eagle
City Codes.
The site is located within the Transitional Development Area (TDA), whereby specific
design review elements exist which take precedence over those criteria in ECC Section 8-
2A - 7. Because this parcel is located in an area anticipated to be rezoned to Central
Business District (2000 Comprehensive Plan), staff believes that the non-compliance
issues will be minimized once the surrounding parcels are rezoned and commercially
developed. The Design Review process would be able to incorporate appropriate
conditions to minimize any adverse effects on surrounding parcels.
Therefore, the applicant should be required to submit a Design Review application for
the site (as required by the Eagle City Code), and should comply with all conditions
required by the City as a part of the Design Review prior to issuance of a certificate of
occupancy.
.
The parcel exists in a portion of the proposed Central Business District (2000
Comprehensive Plan) in which it is desired to provide an alternative to access Eagle
Road. As the properties develop in this area, each property should be required to provide
a cross access easement to abutting properties, adjacent to the rear property line (western
parcel boundary). This would serve to alleviate traffic conflict points by allowing
interconnectivity between parcels rather than multiple ingress and egress points to Eagle
Road. Therefore, the applicant should be required to enter into a development agreement
with the City in order to address this issue.
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.
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 CBD is in accordance with the Central Business
District 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, to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed rezone is not compatible with the current zoning and uses to the north,
west and south. However, due to the commercial designation within the
Comprehensive Plan, it is anticipated that commercial development will occur in this
area, and, until the adjacent uses redevelop, any commercial development is required,
by the Eagle City Code, to provide adequate buffers between proposed commercial
developments and existing residential uses;
d. The proposed CBD zone (Central Business District) is compatible with the existing
CBD zoning designation and commercial land use to the east;
e. The land proposed for rezone is not located within a "Hazard Area" as described
within the Comprehensive Plan but is within a "Special Area" as described within the
Comprehensive Plan (Central Business District) and if the rezone is approved, the
City should have certainty that through the Design Review process, the goals and
objectives of the central business district special area will be met; and
f. No non-conforming uses are expected to be created with this rezone, if all conditions
required by the City as a part of the Design Review are complied with.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone with a development agreement to include the conditions provided within the staff report.
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. 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).
COMMISSION DECISION:
The Commission voted 4 to 0 (Bloom absent) to recommend approval ofRZ-I6-00 for a rezone
from R-4 (residential) to CBD-DA (Central Business District with Development Agreement) for
J Bar K and Associates with the following staff recommended conditions to be within a
developrnent 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. Comply with all requirements within the City Engineer's letter dated November 2,2000.
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2. The applicant shall provide a recorded cross access agreement for the abutting parcels to the
north and south, a-lsRg tke y;estem Èls\iRdary sf tRis parae! located in the western two thirds
of this moDertv
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 the City as a part of the Design
Review prior to issuance of a certificate of occupancy.
4. The development shall comply with the Zoning Code, as it exists in final form at the time an
improvement is made and the conditions within this document shall be satisfied.
5. The applicant shall comply with all conditions of the Ada County Highway District as stated
within report of November 29, 2000.
6. The existing building shall be connected to Eagle Water Company, Inc. prior to issuance of a
certificate of occupancy.
7. The applicant shall comply with all rules, regulations, and ordinances of the City of Eagle
prior to issuance of a certificate of occupancy.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on February 13,2001, 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).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-I6-00 for a rezone from R-4 (Residential-up to four
units per acre) to CBD-DA (Central Business District with a Development Agreement) for J Bar
K & Associates, with the following conditions to be included within a development agreement.
I. Comply with all requirements within the City Engineer's letter dated November 2,2000.
2. The applicant shall provide a recorded cross access agreement for the abutting parcels to the
north and south, to be located in the western two thirds of this property.
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 the City as a part of the Design
Review prior to issuance of a certificate of occupancy.
4. The development shall comply with the Zoning Code, as it exists in [mal form at the time an
improvement is made and the conditions within this document shall be satisfied.
5. The applicant shall comply with all conditions of the Ada County Highway District as stated
within report of November 29, 2000.
6. The existing building shall be connected to Eagle Water Company, Inc. prior to issuance of a
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certificate of occupancy.
7. The applicant shall comply with all rules, regulations, and ordinances of the City of Eagle
prior to issuance of a certificate of occupancy.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 26, 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 2,2000. 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 28,2000. Requests for agencies' reviews
were transmitted on November 28, 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 January 29,
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 January 29, 2001.
4. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-16-00) 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 CBD is in accordance with the Central Business
District 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, to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed rezone is not compatible with the current zoning and uses to the north,
west and south. However, due to the commercial designation within the
Comprehensive Plan, it is anticipated that commercial development will occur in this
area, and, until the adjacent uses redevelop, any commercial development is required,
by the Eagle City Code, to provide adequate buffers between proposed commercial
developments and existing residential uses;
d. The proposed CBD zone (Central Business District) is compatible with the existing
CBD zoning designation and commercial land use to the east;
e. The land proposed for rezone is not located within a "Hazard Area" as described
within the Comprehensive Plan but is within a "Special Area" as described within the
Comprehensive Plan (Central Business District) and if the rezone is approved, the
City should have certainty that through the Design Review process, the goals and
objectives of the central business district special area will be met; and
f. No non-conforming uses are expected to be created with this rezone if the
development agreement as proposed is required and subsequently complied with and
if all conditions required by the City as a part of the Design Review are complied
with.
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DATED this 6th day of March, 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
yor
ATTEST:
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