Findings - PZ - 2002 - CPA-02-01 - Cpa Change Land Use Designation From R-1 To Commercial/13.42 Acre/Nwc Lin44
OR\6\NAl
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION)
FOR A COMPREHENSIVE PLAN )
AMENDMENT FROM RESIDENTIAL )
ONE TO COMMERCIAL FOR )
GALE AND ANN SCHENK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-O2-01
The above-entitled comprehensive plan amendment application came before the Eagle Planning and
Zoning Commission for their recommendation on February 4, 2002. 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.
PROJECT SUMMARY:
Gale and Ann Schenk, represented by Land Consultants, Inc., is proposing a
comprehensive plan amendment to change the land use designation on the Comprehensive
Plan Land Use Map from Residential One (up to one dwelling unit per acre) to
Commercial. The 13.42-acre site is located on the northeast corner of Linder Road and
State Highway 44.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 6,2001.
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 January 19, 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 16,2001. Requests for agencies' reviews were transmitted on December
14,2001 in accordance with the requirements of the Eagle City Code.
D.
illS TORY 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
DESIGNA TION DESIGNATION
Existing Residential One (up to RUT (Ada County designation - Residences/Horse
one dwelling unit per Residential- one unit per five Boarding operation
acre maximum) acres)
Proposed Commercial None Proposed None Proposed
North of site Residential One (up to RUT (Ada County designation - Proposed Residential
one dwelling unit per Residential- one unit per five Subdivision
acre maximum) acres)
South of site Residential One (up to RUT (Ada County designation - Residences/Pasture
one dwelling unit per Residential - one unit per five
acre maximum) acres)
East of site Residential One (up to C-2 (Ada County designation) Convenience Store with
one dwelling unit per Fuel Service
acre maximum)
West ofsite RUT (Ada County RUT (Ada County designation - Church/Residence
designation - not within Residential- one unit per five
the City of Eagle Area acres)
of Impact)
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 13.42-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
No rezone proposed.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
Not applicable
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The City has received a preliminary approval letter from the Eagle Fire Department. The
Eagle Sewer District states that the property has been annexed into the Eagle Sewer
District and may be able to be served with the completion of the District's new lift station.
United Water states the site is within their service area.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
M.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
Eagle Fire Department
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Eagle Sewer District
United Water
N.
LETTERS FROM THE PUBLIC:
O.
APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
See the attached letter date stamped by the City on December 6,2001, submitted by the
applicant addressing justification for the Comprehensive Plan Amendment.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
The Comprehensive Plan Land Use Map currently designates this site as Residential One (up
to one dwelling unit per acre).
Chapter 1 - Overview
1.3
The City of Eagle Vision Statement
In 1999, City of Eagle citizens envision their future town as a well-planned
community that encourages diversified living and housing opportunities,
economic vitality that offers jobs for residents, and places for people to recreate
and enjoy Eagle's natural beauty.
b. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
c. economically strong with a distinct downtown economic center;
h. a unique community that maintains its rural residential feel in the midst of the
Treasure Valley.
Chapter 5 - Economic Development
5.1
Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
5.3
Goal
Encourage an economic base complementary to Eagle's rural identity
5.4
Objective
To preserve the economic integrity of the Central Business District (CBD) and to
encourage business and industry that have minimal environmental impact.
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5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District
should complement the Central Business District and Eagle's rural
residential identity.
g.
Encourage commercial growth adjacent to the Central Business District
and discourage isolated commercial development in outlying areas.
Chapter 6 - Land Use
6.1
Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
Land use designations as reflected on the Land Use Map are based on the existing
land use pattern, existing natural physical features such as the Boise River, Dry
Creek and the foothills, floodplain areas, capacity of existing community facilities,
projected population and economic growth, compatibility with other uses of the
land, transportation systems, and the needs of local citizens.
6.5
Goal
To preserve the rural transitional identity.
6.7
Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, flre, recreational areas, highways and
transportation systems.
d. Discourage strip commercial type development.
Chapter 8 - Transportation
8.1
Background
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted
on the Eagle Land Use Map.
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8.2.1
8.6
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modern, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
Principal Arterial
Access Function:
Access from other roadways is controlled and subordinate to traffic on the
principal arterial street. Direct lot access is typically prohibited or
severely restricted.
Implementation Strategies
f.
Evaluate the impact to the City of all roadway improvements and roadway
extensions.
1.
If the Highway District or ITD do not require traffic impact studies for new
development, the City of Eagle may require a traffic impact study to include,
but not limited to, potential impacts to existing traffic patterns, suggested
roadway widths, access to existing and proposed roadways, signalization,
location and need for intersections, turn lanes, and bus stops. In addition, the
traffic impact study should address parking and pedestrian traffic.
Chapter 12 - Community Design
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.
12.4
Implementation Strategies
a.
Establish and maintain a development pattern and design criteria in
keeping with the rural transitional identity of Eagle. This includes growth
within the Impact Area that discourages or precludes the establishment of
other City centers.
e.
Developments that would establish or tend to establish another City center
outside of the Central Business District should not be approved.
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m.
Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
q.
Maintain the rural residential character and open space environment in
and around the City.
Chapter 13 - Implementation
13.7
Implementation Strategies
c. Any person applying for a Comprehensive Plan amendment shall submit a
justification letter for the amendment which shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change being
made in the Plan.
4. A description of the public benefit(s) that would occur from such a change in
the Plan and an explanation of why the public would need any such benefit(s).
5. An explanation of why no other solutions to the condition or situation which
warrants a change in the Plan are possible or reasonable under the current
policies of the Plan.
6. A proposed development plan for any land involved if a specific development
is planned at the time the request for the amendment is being made.
7. An analysis showing the estimated impact on infrastructure expected to occur
by any proposed change.
8. Any other data and information required by the City for their evaluation of the
request.
B.
ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL: None
c.
DISCUSSION:
.
The subject property is currently zoned RUT (Ada County designation - Residential - one
unit per five acres) with a Comprehensive Plan Land Use Map designation of Residential One
(residential - up to one unit per acre).
The subject site is currently not located within the City limits of Eagle, and if the City were to
amend the Comprehensive Plan to allow commercial at this site, the City would not have
control over the development of the property since an application for development would fall
under the jurisdiction of Ada County. The site would then be able to develop without the
.
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.
design requirements as required by the City; the County would only ask for the City's
recommendation since the subject site is within the City's Area of Impact but not within the
City limits. Since no specific plan has been created with details of a development, the City
would have nothing to review to decide whether a project is beneficial or not. And, if a
concept plan were to be submitted, the City would not have the jurisdiction to regulate the
project should the scope of the project change prior to final approval of any development.
Without the control usually afforded to the City regarding an application within the City limits,
the approval of an application outside of the City's purview may result in a development that
does not meet the standards and expectations of the City.
Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3»
within the 2000 Comprehensive Plan the applicant must show, "the condition or situation
which warrants a change being made in the plan." The applicant's justification letter states
that due to the increase of roadway impacts and the installation of a sewer lift station, the area
is now suitable for commercial development. During the last evaluation of the City's
Comprehensive Plan (the end product being the adoption of the City's current 2000
Comprehensive Plan) extensive review and citizen input resulted in this area being designated
for residential uses. Aside from the installation of the sewer lift station, what element of the
area has changed from the previous comprehensive plan review? Traffic has been and will
continue to be a problem and designating the site as commercial does not change this
condition. In general, commercial uses generate more vehicle trips than residential uses and it
may be considered that the development of this site as commercial would add more congestion
to the area than a residential use would. Staff believes that traffic at an intersection does not
necessarily warrant a change to the Comprehensive Plan nor would it negate the viability of a
residential use.
.
The applicant's justification letter further states that "a rural style residential development is
clearly inappropriate" for this site. It should be noted that the majority of the properties
adjacent to all sides of the intersection (aside from the church) are five-acre (or larger) parcels
with rural residences and pastureland upon them. To place commercial uses within this
residential area would significantly alter the character of the area, thereby altering the
established land use patterns that the residents have come to expect as vital to the enjoyment of
their property. If the argument were taken further that development along heavy traffic routes
should not be residential, then many previously approved residential developments (The
Colony Subdivision, Banbury Meadows Subdivision, Two Rivers Subdivision) would be
considered inappropriate. The point to be made is that these developments were constructed
and appear to be viable developments, due in part to buffering requirements the City has in
place to mitigate traffic noise and light.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4» seeks to
identify "the public benefit that would occur from such a change in the plan." The applicant's
justification letter states, "This is an excellent location to generate additional tax base with
commercial uses." While it may be considered a goal of the City to review and approve
development that would increase the tax base, a residential development can achieve this goal.
Moreover, this parcel of land currently is not within the City limits and no properties adjacent
to this site are located within the City limits that would allow for annexation of this site into
the City of Eagle. And since the subject parcel is over five-acres in size, the likelihood of this
parcel being annexed into the City (whereby the City would have control over the
development of the site) is minimal. Thus the opportunity for the City to collect taxes as
described by the applicant is unlikely.
Chapter 8, Section 8.1 of the Comprehensive Plan states in part: "In addition to adding new
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.
streets and roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modem, efficient transportation system that will effectively
serve the residents of the City, the business community and the traveling public". The rural
nature of the roadways (mostly two-lane with no curb, gutter or sidewalk) may be considered
inadequate to handle the high-speed traffic and congestion that currently exists. And, while
there may be a signal at this location, the signal alone does not make the site suitable for a high
intensity commercial use. Also, access to and from the site from a principal arterial may be
difficult since the road is intended to move traffic efficiently; without roadway improvements
and surrounded with high speed traffic and congestion, opportunities for conflict increase for
vehicles turning and waiting to turn.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5» asks for
"An explanation of whv no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan". The
applicant's justification letter states, "There is no way to reasonably remove the traffic impact
at this roadway intersection for residential one unit per acre development." This statement
would indicate that since the traffic issue cannot be removed (and subsequently no remedy
exists) then residential is unsuitable and commercial is more appropriate for the site.
Also, the applicant has not submitted a conceptual development drawing since no specific
commercial development is proposed at this time. This application is made specifically to
change the Comprehensive Plan Land Use Map from residential to commercial. With a
designation of "Commercial" shown on the Comprehensive Plan Land Use map a property
owner can market the property as "commercial property" which may in turn increase the value
of the property. This scenario does not appear to be consistent with the "Comprehensive Plan
Amendment" Section 13.7 (c)(5) as noted above. If it were proved that a condition worthy of
changing the Comprehensive Plan did exist, a commercial designation alone does not change
or rectify traffic impacts at this intersection. The commercial uses that could eventually be
allowed under this designation (without limitation) are many and varied with some more
intensive than others. If there is no specific use proposed, how may it be ascertained that a
service is lacking and that a non-general application will fill that void. To designate a site
commercial and then wait for a problem to occur and then consider that site as the cure is not
necessarily a proper planning procedure. The ideal situation is to first identify the problem
and then work through all possible scenarios to find the best solution, not creating a solution
for something that does not exist.
It must be shown that rust, a situation needs to be changed and second, that a solution to
rectify the situation has been provided. In staff s opinion, neither of these elements is present
that clearly demonstrates a need for commercial development in this area.
A community must set certain standards to achieve desired results and one of the ways to
accomplish this is through the use of the Comprehensive Plan. It may be considered that if a
community adheres to its requirements, development will eagerly attempt to meet the
standards of the community because of the economic and lifestyle benefits that are fostered
through the application of those standards.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
In staff s opinion, the applicant has not shown that a situation exists that warrants a change to the
Comprehensive Plan, and no benefit resulting from any change has been presented. With the
elements of the above-mentioned discussions in mind, the proposed amendment to the
comprehensive plan should be denied.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February
4, 2002, 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
eight (8) individuals (other than the applicant) who felt that because of the high volumes of traffic the
site is more well-suited for commercial rather than residential uses, the site would provide an
alternative for high school kids to gather rather than the downtown of Eagle, and that property owners
near this site would also like their property to be designated commercial.
D. Oral testimony neither in favor of nor in opposition of this proposal was presented to the Planning and
Zoning Commission by one (1) individual who felt more information was needed regarding proposed
uses on the site.
E. Written testimony in favor of this proposal was presented to the Planning and Zoning Commission by
one (1) individual who felt that the site should be annexed into the City limits and developed through
the use of a development agreement to control the impact on existing businesses and that the
amendment to commercial would increase the tax base and create a place for high school children to
gather.
F. Written testimony neither in favor of nor in opposition of this proposal was presented to the Planning
and Zoning Commission by the Eagle Chamber of Commerce that felt more information was needed
regarding proposed uses on the site.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CPA-2-01 for a comprehensive plan
amendment from Residential One to Commercial for Gale and Ann Schenk with the following
conditions to be included within a development agreement to be entered into by the applicant,
the City of Eagle and Ada County:
1.
The property shall not be rezoned for commercial use until it is annexed into the City of
Eagle.
2.
The property shall not be developed with commercial uses until such time as the property
is annexed into the City.
3.
The applicant shall submit a Development Agreement and a concept plan upon application
for annexation and rezoning into the City of Eagle.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 6,2001.
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
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ordinances on January 19, 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 16, 2001. Requests for agencies' reviews
were transmitted on December 14, 2001 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-2-0l) and based upon the information provided concludes that the proposed
comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
The noise and pollution created by the high volume of traffic at the intersection of State Highway 44
and Linder Road diminishes the desirability for the subject property to be developed for residential
use. Further, a well-planned commercial development may aid in mitigating the traffic impacts on
future residential development (as anticipated within the City of Eagle's 2000 Comprehensive Plan)
surrounding the subject property.
DATED this 4th day of March 2002.
ATTEST:
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