Findings - CC - 2003 - RZ-06-02 - Rz From C1 To C3-Da
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM C-l (NEIGHBORHOOD
BUSINESS DISTRICT) TO C-3-DA (HIGHWAY
BUSINESS DISTRICT WITH DEVELOPMENT
AGREEMENT) FOR EAGLE RIVER LLC
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-O6-02
The above-entitled rezone application came before the Eagle City Council for their action on February 25,
2003, at which time public testimony was taken and the public hearing was closed. The 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:
Eagle River LLC, represented by Bill Clark with Clark Development, is requesting a
rezone from C-l (Neighborhood Business District) to C-3-DA (Highway Business District
with development agreement). The 1.55-acre site is located on the east side of Eagle Road
approximately 800-feet south of State Highway 44.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 19, 2002.
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 31, 2002. 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 27, 2002. Requests for agencies' reviews were transmitted on
December 20, 2002, 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 4, 2003. 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 3,
2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a
development agreement (including a concept plan) on the lands surrounding this site.
On April 24, 2001, the Eagle City Council approved a preliminary plat (PP-14-00) on the
lands surrounding this site.
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On May 8, 2001, the Eagle City Council approved a final plat (FP-13-01) on the lands
surrounding this site.
On November 7,2001, the Eagle City Council approved a combined preliminary and
final plat (PPIFP-I-0 1) on the lands surrounding this site.
On July 9, 2002, the Eagle City Council approved a combined preliminary and fmal plat
(PPIFP-3-02) on the lands surrounding this site.
E.
COMPANION APPLICATIONS: (none)
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Commercial C-l (Neighborhood Business Vacant
District)
Proposed No Change C-3-DA (Highway Business Restaurant with drive thru
District with Development
Agreement)
North of site Commercial C-3-DA (Highway Business Eagle River Development
District with Development
Agreement)
South of site Commercial C-3-DA (Highway Business Eagle River Development
District with Development
Agreement)
East of site Commercial C-3-DA (Highway Business Eagle River Development
District with Development
Agreement)
West of site Commercial & Publici C-l (Neighborhood Business Channel Center
Semi-public District) Commercial Development
& Eagle Road (SH 55)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: I.S5-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on December 23, 2002, provided
by the applicant's representative.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The applicant proposes to apply the same conditions to this site within as those outlined in
the development agreement entered into between the City of Eagle and Eagle River LLC,
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dated January 25, 2000.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been
received. The Eagle Sewer District states the subject property has been annexed into the
district and the rezone should have no impact on the District's ability to provide sewer
service. United Water states the subject property is not within their service area; a letter
from the water utility that provides service to the site will be required prior to the issuance
of any building permits on the site.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone is in conformance with
applicable provisions of the Eagle City Code.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Central District Health
Department of Environmental Quality
Eagle Sewer District
United Water
O.
LETTERS FROM THE PUBLIC: None received to date
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 Commercial which is suitable
primarily for the development of a wide range of commercial activities including offices, retail
and service establishments. Uses should complement uses within the Central Business District
(CBD).
Chapter 5 - Economic Development
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
g.
Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
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.
ECC Section 8-1O-1(A): REQUIREMENTS AND RESTRICTIONS (for
development agreements):
Purpose: Development agreements are a discretionary tool to be used by the
Council as a condition of rezoning. Development agreements allow a specific
project with a specific use to be developed on property in an area that is not
appropriate for all uses allowed or conditional in the requested zone.
C.
DISCUSSION:
.
Staff believes that a C-3-DA (Highway Business District with development
agreement) zoning designation for this site is appropriate since the lands to the north,
south and east have the C-3-DA zoning designation and because this site will be
required to meet the same conditions as outlined within the Development Agreement
for the Eagle River Commercial Development dated January 25, 2000, between the
City of Eagle and Eagle River LLe.
The applicant has not proposed any specific conditions to be included within a
development agreement, rather, any conditions to be placed on this site should mirror
those listed in the Eagle River Commercial Development Agreement. The applicant
has stated (see applicant's justification letter date stamped by the City on December
23, 2002) that the 150,000 square foot maximum placed on total building square
footage within the C-3-DA zone of the Eagle River Commercial Development should
not apply toward this 1.5S-acre parcel. This assertion may be reasonable since this
subject parcel was not considered as a part of the original Eagle River development.
However, to ensure that the site is developed in a scale relative to surrounding
buildings or planned buildings, the footprint of any proposed building should be
limited to 6,000 square feet. Upon review of any proposed development for the site,
the minimum City parking and landscaping requirements may limit the square footage
to less than 6,000 square feet. The following recommended conditions have been
transferred from the Development Agreement for the Eagle River Commercial
Development dated January 25, 2000, and have been modified slightly to be included
within a development agreement for this site:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in
this Development Agreement and will comply with all applicable requirements of the
Development Agreement for the Eagle River Commercial Development, dated
January 25, 2000, between the City of Eagle and Eagle River LLC (recorded
instrument No. 100011692). Further, Applicant will submit such applications regarding
flood plain development permit review, design review, preliminary and final plat
reviews, and/or any conditional use permits, if applicable, and any other applicable
applications as may be required by the Eagle City Code.
3.2 The development shall comply with the Eagle Comprehensive Plan and City Code, as
they exist in final form at the time this development agreement is approved by the City,
except as otherwise provided within this agreement. Unless greater requirements are
established by said Eagle Comprehensive Plan and City Code, the following conditions
shall be satisfied:
3.2.1
The total square footage of building area for the following commercial
land uses, as outlined in Eagle City Code Section 8-2-3, "Official
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3.3
Schedule of District Use Regulations," shall not in the aggregate exceed
six-thousand (6,000) square feet on the C-3 zoned land (The minimum
City parking and landscaping requirements may limit the square footage
to less than 6,000 square feet):
.
"Commercial, Bar,"
"Commercial, Building Supply Outlet,"
"Commercial, Drive In Restaurant; Food Stand,"
"Commercial, Commercial Entertainment Facilities (indoor) excluding
movie theaters,"
"Commercial, Commercial Entertainment Facilities (outdoor),"
"Commercial, Drugstore,"
" Commercial, Drug Store with Drive-Thru Service,"
"Commercial, Food and Beverage Sales,"
"Commercial, Food Store, Delicatessen, Bakery,"
"Commercial, Home and Business Services,"
"Commercial, Restaurant,"
"Commercial, Retail Sales (General and Limited) Store and Service,"
and
"Commercial, Retail Sales (Pharmacies and Medical). "
.
.
.
.
.
.
.
.
.
.
.
.
A "Restaurant, with Drive-Thru Service," "Automotive Gas Station or
Fuel Islands," "Automotive Gas Station/Service Shop," and "Convenience
Store with Fuel Service," may only be allowed through the Conditional
Use Permit process.
No portion ofthe Property shall be used for any ofthe following uses:
.
"Commercial, Adult Business,"
"Commercial, Automotive, mobile home, travel trailer, and/or farm
implement sales,"
"Commercial, Cemetery,"
"Commercial, Drive-in theater,"
"Commercial, Mortuary,"
"Commercial, Storage (fenced area),"
"Industrial, Railroad yard or shop,"
"Industrial, Terminal yard, trucking," and
"Industrial, Truck and equipment repair and sales (heavy). "
.
.
.
.
.
.
.
.
3.3.2
All development within the Property shall be consistent with the Site
Design Guidelines ("Design Guidelines") and Conceptual Plans as
outlined within the Development Agreement for the Eagle River
Commercial Development dated January 25, 2000, between the City of
Eagle and Eagle River LLC (recorded instrument No. 100011692).
Applicant will comply with all rules, regulations and ordinances of Eagle per the
terms of this Agreement including, but not limited to, applications for development
permits as required by Title 10, Flood Control, of the Eagle City Code.
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STAFF RECOMMENDED FINDINGS PROVIDED WITHIN THE STAFF REPORT:
.
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 C-3-DA (Highway Business District with
development agreement) is consistent with the Commercial designation as 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 commercial uses on this property under the
proposed zone;
c. The proposed C-3-DA (Highway Business District with development agreement)
is compatible with the C-3-DA (Highway Business District with development
agreement) zone to the north, south and east since those areas have existing
commercial uses or are proposed to be constructed with commercial uses that are
limited within a development agreement similar to the development agreement
required herein;
d. The proposed C-3-DA (Highway Business District with development agreement)
is compatible with C-l (Neighborhood Business District) zone to the west since
that area has existing commercial uses which are compatible with the uses allowed
for this site, and Eagle Road (SH 55) to the west since the uses allowed upon this
site have previously been determined to be compatible with a highway as outlined
in Eagle City Code Section 8-2-3, "Official Schedule of District Use
Regulations. ";
e. While the land proposed for rezone is located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan, the applicant will be required
to comply with the requirements of Eagle City Code Title 10 "Flood Control;
f. No non-conforming uses are expected to be created with this rezone.
ST AFF 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 as outlined 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
21, 2003, 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 (other than the applicant's representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Bloom absent) to recommend approval of RZ-06-02 for a rezone
from C-l (Neighborhood Business District) to C-3-DA (Highway Business District with
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development agreement) for Eagle River LLC with conditions to be placed within a development
agreement as shown within their Findings of Fact and Conclusions of Law document dated
February 3, 2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 25, 2003, 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.
e. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/represen tative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-06-02 for a rezone from C-l (Neighborhood Business
District) to C-3-DA (Highway Business District with development agreement) for Eagle River
LLC with the following conditions to be included within a development agreement:
2.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement and will comply with all applicable requirements of the Development
Agreement for the Eagle River Commercial Development, dated January 25, 2000, between the
City of Eagle and Eagle River LLC (recorded instrument No. 100011692). Further, Applicant will
submit such applications regarding flood plain development permit review, design review,
preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other
applicable applications as may be required by the Eagle City Code.
2.2 The development shall comply with the Eagle Comprehensive Plan and City Code, as they exist in
final form at the time this development agreement is approved by the City, except as otherwise
provided within this agreement. Unless greater requirements are established by said Eagle
Comprehensive Plan and City Code, the following conditions shall be satisfied:
2.2.1
A "Restaurant, with Drive-Thru Service," may only be allowed through the Conditional
Use Permit process.
2.2.2
No portion of the Property shall be used for any of the following Commercial and/or
Industrial uses:
.
Adult Business
Automotive body shop
Automotive Gas Station or Fuel Islands
Automotive Gas Station/Service Shop
Automotive, mobile home, travel trailer, and/or farm implement sales
Automotive repair
Automotive storage
Automotive washing facility
Bar
Cemetery
.
.
.
.
.
.
.
.
.
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Convenience Store with Fuel Service
Drive-in theater
Equipment rental and sales yard
Kennel
Laundry (with drive up service)
Mortuary
Pawnshops (auto)
Shop, contractors (and/or yard)
Small engine repair (mower, chain saws, etc.)
Storage (fenced area)
Tire shop, including recapping
Truck stop
Machine Shop
Railroad yard or shop
Terminal yard, trucking
Truck and equipment repair and sales (heavy)
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
2.3 All development within the Property shall be consistent with the Site Design Guidelines ("Design
Guidelines") and Conceptual Plans as outlined within the Development Agreement for the Eagle
River Commercial Development dated January 25, 2000, between the City of Eagle and Eagle
River LLC (recorded instrument No. 100011692).
2.4 Applicant will comply with all rules, regulations and ordinances of Eagle per the terms of this
Agreement including, but not limited to, applications for development permits as required by Title
10, Flood Control, of the Eagle City Code.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 19, 2002.
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 31, 2002. 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 27,2002. Requests for agencies' reviews
were transmitted on December 20, 2002, 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 4,
2003. 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 3, 2003.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-06-02) 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 annexation and rezone is in accordance with the
City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of C-3-DA (Highway Business District with
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development agreement) is consistent with the Commercial designation as 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 commercial uses on this property under the
proposed zone;
c. The proposed C-3-DA (Highway Business District with development agreement)
is compatible with the C-3-DA (Highway Business District with development
agreement) zone to the north, south and east since those areas have existing
commercial uses or are proposed to be constructed with commercial uses that are
limited within a development agreement similar to the development agreement
required herein;
d. The proposed C-3-DA (Highway Business District with development agreement)
is compatible with C-l (Neighborhood Business District) zone to the west since
that area has existing commercial uses which are compatible with the uses allowed
for this site, and Eagle Road (SH 55) to the west since the uses allowed upon this
site have previously been determined to be compatible with a highway as outlined
in Eagle City Code Section 8-2-3, "Official Schedule of District Use
Regulations. ";
e. While the land proposed for rezone is located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan, the applicant will be required
to comply with the requirements of Eagle City Code Title 10 "Flood Control;
f. No non-conforming uses are expected to be created with this rezone.
DATED this 11 th day of March 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada unty, Idaho
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Sharon K. Moore, Eagle City Cler
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