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Findings - CC - 2001 - RZ-18-00 - Rz From R4 To Muda/1.60 Acre/1177 N Eagle Rd ORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR) A REZONE FROM R-4 (RESIDENTIAL) TO ) MU-DA (MIXED USE WITH DEVELOPMENT) AGREEMENT) FOR BRENDEN CLEMENTS) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-18-00 The above-entitled rezone application came before the Eagle City Council for their action on May 8, 2001. The Eagle City Council having heard and taken oral and written testimony makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Brenden Clements, represented by James Gipson, is requesting a rezone from R-4 (Residential up to four dwelling units per acre) to MU-DA (Mixed Use with Development Agreement). The 1.60-acre site is on the southwest comer of North Eagle Road and Floating Feather Road at 1177 North Eagle Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on November 22, 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 30, 2001 (1 st hearing) and again on March 17, 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 December 26, 2001 (1st hearing) and again on March 14, 2001. Requests for agencies' reviews were transmitted on November 22, 2000, in accordance with the requirements of the Eagle City Code. 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 February 17,2001 (pt hearing) and again on April 21, 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 February 14,2001 (1st hearing) and again on April 18,2001. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 30, 2001 the Planning and Zoning Commission recommended denial of Page 1 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2000\RZ-18-00 ccf.doc this application. On March 6, 2001 the Eagle City Council remanded this application back to the Planning and Zoning Commission for consideration of this application with the inclusion of a development agreement. E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Mixed Use R-4 (Residential) Vacant/Pasture Proposed No Change MU-DA (Mixed Use with Dental Office development agreement) North of site Residential Estates R-T (Residential) Ada Residence & Dairy County designation Farm South of site Mixed Use R-4 (Residential) Residence East of site Residential Three (up to A (Agricultural) Pasture three dwelling units per acre maximum) West of site Residential four (up to R-4 (Residential) Pasture four dwelling units per acre maximum) G. DESIGN REVIEW OVERLAY DISTRICT: None H. TOTAL ACREAGE OF SITE: 1.60-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): See applicant's justification letter (attached). K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Preliminary approval letters from the Central District Health Department and the Eagle Fire Department have been received. An approval letter from the Eagle Sewer District and the water company having jurisdiction is required. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. NON-CONFORMING USES: Page 2 of 7 \\EAGLENTl\COMMON\Planning Dept\Eagle Applications\RZ&A\2000\RZ-18-00 ccf.doc B. c. No non-conforming uses will be created with this rezone as the development agreement limits the use of the property. N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire District O. LETTERS FROM THE PUBLIC: Letter from George and Laura Rife, dated January 16,2001 Letter from Cheryl and T. Donald Reynolds, dated January 16, 2001 Letter from Shauna Ramirez, dated January 16,2001 Letter from Danny Seamons, dated January 30, 2001 Petition with 500 +/- signatures, dated January 30, 2001 Letter from Ronald Tolley, dated February 2,2001 Letter from Brian McCauley, dated February 20,2001 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 site as Mixed Use. Chapter 6 - Land Use 6.7 Implementation Strategies g. The mixed use area shown along both sides of Eagle Road between State Street and Floating Feather Road is to allow development such as higher density residential dwelling units and/or facilities such as senior assisted housing, nursing homes and convalescent homes. Commercial uses in this area are not permitted. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) DISCUSSION: . The Council may determine that an MU-DA (Mixed-Use with development agreement) zoning designation for this site to allow a commercial development (Dental Office) is more appropriate than higher density residential as outlined within the City of Eagle Comprehensive Plan. To assure the anticipated development, the specific uses for this site Page 3 of 7 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-18-00 ccf.doc should be limited within a development agreement. 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 THe offiøe Hse projeøt shall be developed geRerally as SHO\\'R OR tHe aUaeHed CoRøept PlaR (BKHibit ß). 2.1 Eagle hereby acknowledges that the attached Concept Plan (Exhibit "B") represents an example of the Applicant's current concept for the site and understands and agrees that changes in that concept will likely occur. The Applicant also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.2 Office use (Medical/Dental/Professional) shall be the only use permitted. 2.3 The footprint of the proposed building shall be a maximum size of 3500 square feet. 2.4 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 prior to issuance of a certificate of occupancy. 2.5 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. 2.6 The applicant shall apply for a Flood Plain Development Permit and comply with said permit prior to the issuance of a building permit. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: If the City Council determines that an MU-DA (Mixed-Use with development agreement) zoning designation for this site to allow a commercial development (Dental Office) is more appropriate than higher density residential as outlined within the City of Eagle Comprehensive Plan, then staff recommends the conditions as noted herein be placed within a development agreement. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on April 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 no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by Page 4 of 7 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-18-00 ccf.doc --- --------------- ------- ----- ---- one (1) individual who felt the site is appropriate for a dental office. COMMISSION DECISION: The Commission voted 3 to 0 (Bloom and Deckers absent) to recommend denial of RZ-18-00 for a rezone from R-4 (Residential) to MU-DA (Mixed Use with a Development Agreement). The Commission held that the rezone to MU-DA with the intention to use the property for a dentist office would constitute a commercial use. Based upon this the Commission determined that the rezone would not be in accordance with the Comprehensive Plan, namely section 6.7(g) which states "Commercial uses in this area are not permitted." The Commission also recommended that the Council study the precedent that may be set on the future development of the properties surrounding this site if this rezone to commercial is approved. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on March 6, 2001, at which time the application was remanded back to the Planning and Zoning Commission for consideration of the rezone application with a development agreement. A second public hearing was held before the City Council on May 8, 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 City Council by no one. C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the applicant or the representatives). D. Written Testimony in favor of this proposal was presented to the City Council by approximately five hundred and five (505) individuals (approximately 500 individuals signed a petition in support and 5 individuals provided letters in support). These letter are incorporated into these findings by reference. E. Written Testimony in opposition to this proposal was presented to the City Council by one (1) individual who felt that this site was not appropriate for commercial uses (only residential uses should be allowed) and felt that all businesses belong in the downtown. This letter is incorporated into these findings by reference. COUNCIL DECISION: The Council voted 4 to 0 to approve RZ-18-00 for a rezone from R-4 (Residential up to four dwelling units per acre) to MU-DA (Mixed Use with Development Agreement) with the following conditions to be included within a development agreement. 2.1 Eagle hereby acknowledges that the attached Concept Plan (Exhibit "B") represents an example of the Applicant's current concept for the site and understands and agrees that changes in that concept will likely occur. The Applicant also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. Page 5 of 7 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-18-00 ccf.doc --- --------- ----- ----------------- --- 2.2 Office use (Medical/Dental/Professional) shall be the only use permitted. 2.3 The footprint of the proposed building shall be a maximum size of 3,700 square feet. 2.4 The owner shall submit a Design Reyiew 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 prior to issuance of a certificate of occupancy. 2.5 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. 2.6 The applicant shall apply for a Flood Plain Development Permit and comply with said permit prior to the issuance of a building permit. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on November 22, 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 30, 2001 (1st hearing) and again on March 17, 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 December 26, 2001 (1 st hearing) and again on March 14, 2001. Requests for agencies' reviews were transmitted on November 22, 2000, in accordance with the requirements of the Eagle City Code. 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 February 17, 2001 (1 st hearing) and again on April 21, 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 February 14, 2001 (1st hearing) and again on April 18, 2001. 3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-18-00) 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 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. Page 6 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2000\RZ-18-00 ccf.doc ------------------ ------ c. The proposed MU-DA zone is compatible with the zoning and residential uses to the south, north, west and east since the development of this site will be limited to only the use outlined within the deyelopment agreement and since the commercial use will have adequate buffers as required with design review; d. The land proposed for rezone is located within a "Hazard Area" (lOO-year floodplain) as described within the Comprehensive Plan and will be required to submit and comply with the conditions of a floodplain development permit application; and e. No non-conforming uses are expected to be created with this rezone because the proposed office use will supercede the residential and pasturage use of the site upon rezoning and/or because conditions have been provided within the development agreement to assure the use of the site in compliance with applicable City codes. DATED this 22nd day of May 2001. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ATTEST: -' - .~; Page 7 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2000\RZ-18-00 ccf.doc