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Findings - PZ - 2003 - RZ-06-02 - Rezone From C1 To C3-Da/1.55 Acre ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION 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 Planning and Zoning Commission for their recommendation on January 21, 2003, at which time public testimony was taken and the public hearing was closed. The 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: 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. 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 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. 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. On May 8, 2001, the Eagle City Council approved a final plat (FP-13-0l) on the lands surrounding this site. On November 7,2001, the Eagle City Council approved a combined preliminary and final plat (PP/FP-I-0 I) on the lands surrounding this site. Page 1 of 9 K:\Plamting DeptlEagle ApplicatiollsIRZ&AI2002\RZ-06-02 pzf.doc E. F. On July 9, 2002, the Eagle City Council approved a combined preliminary and final plat (PP/FP-3-02) on the lands surrounding this site. COMPANION APPLICATIONS: (none) COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-I (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 OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA. H. TOTAL ACREAGE OF SITE: l.55-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, 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 Page 2 of 9 K:\Planrung DeptlEagle Apphcatiol1s\RZ&AI2002\RZ-06-02 pzf.doc L. 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. 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: . 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. Page 3 of 9 K:\Platllting DeptlEagle Applicatiotls\RZ&A12002\RZ-O6-02 pzf.doc 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 LLc. 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 1.55-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 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," Page 4 of 9 . K:\Plamting OeptlEagle Applications\RZ&AI2002\RZ-06-02 pzf.doc 3.3.2 . "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 of the Property shall be used for any of the 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). " . . . . . . . . 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. 3.3 ST AFF 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 Page 5 of 9 . K:\Plamting OeptlEagle Applicatiolls\RZ&AI20021RZ-06-02 pzf.doc 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-1 (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. STAFF 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-1 (Neighborhood Business District) to C-3-DA (Highway Business District with development agreement) for Eagle River LLC with the following staff recommended conditions to be placed within a development agreement: 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 Page 6 of 9 K:\Plwutillg OeptlEagle Applicatiol1sIRZ&AI2002IRZ-06-02 pzf.doc - - --- ~- -----.---.-- - ~~ - - - --~--~-- 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 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 of the Property shall be used for any of the following uses: . "Commercial, Adult Business," "Commercial, Automotive, mobile implement sales," "Commercial, Cemetery," "Commercial, Drive-in theater," "Commercial, Mortuary," "Commercial, Storage (fenced area)," "Industrial, Railroad yard or shop," Page 7 of 9 home, travel trailer, and/or farm . . . . . . K:\Plall1úng DeptlEagle ApplicatiollslRZ&Al20021RZ-06-02 pzf.doc ~------- -._-~ -- --~--- . "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). 3.3 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 LA W: 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. 3. The Commission 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 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-1 (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 Page 8 of 9 K:\Plamting OeptlEagle Applicatiol1sIRZ&AI2002\RZ-06-02 pzf.doc ----- -----.--- 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; No non-conforming uses are expected to be created with this rezone. f. 4. The Commission's discussion, in part, was concerned with the appropriate square footage limitations to be placed upon any building proposed for the subject site. While the applicant proposed a building square footage limitation of twenty-five percent of the site (approximately fifteen-thousand square feet), the Commission considered allowing the flexibility of an eight-thousand square feet maximum, yet determined that a limitation of six-thousand square feet was the most suitable for the 1.55-acre site. DATED this 3rd day of February 2003. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~ ~d':¿ Steve De ers. halrman ¥~~ ~~..""""""I. ~,~~ OF BAG "I#. ,."..t~ ..'...... ~~ "~ , .~.. .. v \ I С. O~YORÆl";"" \ : .tì 1*= . . _.- . . . * \ -: : 1\ ~ SBAL,;.O i ..C". ~.. ¡ .. ~ ..O~}>OR"'~. ~,;, ~#. ».A ......... :Q ,.. ,," """~ 'J'E; OF '\ ~,..", '.............., Page 9 of 9 K:\Plamting OeptlEagle Applications\RZ&AI2002\RZ-06-02 pzf.doc ---~--_._---.-._-- - ---.-