Findings - PZ - 2001 - RZ-16-00 - Rezone From R4 To Cbd-Da.41 Acre/209 S Eagle Road
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BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
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 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-16-00
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, and having duly considered the matter, makes
the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
B.
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 0.41-acre site is located on the west side of Eagle Road
approximately 600-feet south of State Street at 209 S. Eagle Road.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 26,
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 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
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Central Business District R-4 (Residential) Residence
Proposed No Change CBD-DA (Central Office
Business 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 of site Central Business District CBD (Central Business Retail
District)
G.
DESIGN REVIEW OVERLA Y DISTRICT: IDA (Transitional Development Area)
H.
TOTAL ACREAGE OF SITE: 0.41-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated October 30, 2000, provided by the applicant.
J.
APPLICANT'S ST A TEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): None proposed by applicant.
K.
A V AILABILITY 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).
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Ada County Highway District
Central District Health Department
Drainage District # 2 (Ringert Clark)
Eagle Fire District
Eagle Sewer District
O.
LETTERS 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:
.
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 11 -- 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 Street/Eagle Road Corridor:
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The State Street/Eagle 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
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 TillS PROPOSAL: None
C.
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.
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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.
.
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.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
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Based upon the information provided to staff to date, staff recommends approval of the
requested rezone with a development agreement to include the following conditions:
1. 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, along the western boundary of this parcel.
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 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 of RZ-16-00 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 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. 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, along the '",estern boundary of this parcel 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 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.
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. The Commission 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
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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.
DATED this 16th day of January, 2001.
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