Loading...
Findings - PZ - 2001 - RZ-18-00 - Rezone From R-4 To Mu-Da/1.60 Acre/1177 N. Eagle Road ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE FROM R-4 (RESIDENTIAL) TO MU (MIXED USE) FOR BRENDEN CLEMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-18-00 ) ) ) The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on January 30, 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: Brenden Clements, represented by James Gipson, is requesting a rezone from R-4 (Residential up to four dwelling units per acre) to MU (Mixed Use). 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, 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 26, 2000. Requests for agencies' reviews were transmitted on November 22,2000, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: None Page 1 of 5 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-18-00 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Mixed Use (Limited) R-4 (Residential) VacantJPasture Proposed No Change MU (Mixed Use) Dental Office 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 OVERLA Y 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. AVAILABILITY 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: The parcel is currently used for agriculture (pasturage) and would be a non- conforming use upon rezone. N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Page 2 of 5 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-18-00 pzf.doc 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: None received to date. STAFF ANALYSIS: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6 - Land Use 6.7 Implementation Strategies &. 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. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) c. DISCUSSION: . 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 not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because the Comprehensive Plan clearly states that commercial uses in this area are not permitted. STAFF RECOMMENDATION: Based upon the information provided to staff to date, staff recommends denial of the requested rezone. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was scheduled before the Planning and Zoning Commission on January 16,2001, the matter was continued until January 30, 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 Page 3 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2000\RZ-18-00 pzf.doc Commission by two individuals concerned about the impact of a commercial use on their near by residential property, additional traffic and whether the project conformed to the Comprehensive Plan. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by four individuals, including the intended tenant and his wife. COMMISSION DECISION: The Commission voted 3 to 0 (two absent) to recommend denial of RZ-18-00 for a rezone from R-4 (Residential) to MU (Mixed Use). The Commission held that the rezone to MU 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." To gain approval of this rezone, the applicant would either need to request and obtain a modification to the Comprehensive Plan related to this parcel of land or propose a use for the land that is not commercial and is otherwise in accordance with the Comprehensive Plan. 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, 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 26, 2000. Requests for agencies' reviews were transmitted on November 22, 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-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 not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. Although the requested zoning designation of MU appears to be in accordance with the Mixed Use classification shown on the Comprehensive Plan Land Use Map, Section 6.7(g) "Implementation Strategies" of the Comprehensive Plan states that" 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." Emphasis added; Page 4 of 5 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-18-00 pzf.doc DATED this 5th day of February, 2001. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE County, aho ATTEST: ~ ú.-.~ ~ ~ I9-rJtL -Sharon'Moore, Eagle City Cl rk Page 5 of 5 K:\Planning Dept\Eagle Applications\RZ&A \2000\RZ-18-00 pzf.doc