Findings - CC - 2004 - RZ-9-03 - Rz From R4 To Ps
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MA TIER OF AN APPLICATION
FOR A REZONE FROM R-4 (RESIDENTIAL)
TO PS (PUBLIC/SEMIPUBLIC)
FOR JOINT SCHOOL DISTRICT NO.2
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-9-03
The above-entitled rezone application came before the Eagle City Council for their action on March 16,
2004, 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:
Joint School District No.2, represented by Doug Russell with The Land Group, is
requesting a rezone from R-4 (Residential - up to four dwelling units per acre) to PS
(Public/Semipublic). The site consists of three parcels totaling .5-acres in area and is
located on the west side of North Eagle Road approximately 800-feet north of State Street
at 323, 365 and 395 North Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 18, 2003.
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 13, 2004. Notice of this public hearing
was mailed to property owners within three-hundred feet (3OO-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on January 7, 2004. Requests for agencies' reviews were transmitted on December
23,2003, 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, 2004. 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 18,
2004.
D.
HISTORY 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
DESIGNATION DESIGNATION
Existing Residential Four (up to R-4 (Residential) Single-family dwellings
four dwelling units per
acre)
Proposed No Change PS (Public/Semipublic) Parking Lot for Eagle
Elementary School
North of site Public/Semipublic PS (Public/Semipublic) Eagle Elementary School
South of site Residential Four (up to R-4 (Residential) Single-family dwelling
four dwelling units per
acre)
East of site Residential Four (up to R-4 (Residential) Single-family dwelling
four dwelling units per
acre)
West ofsite Residential Four (up to R-4 (Residential) Single-family dwelling
four dwelling units per
acre)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: .5-acres (encompassing three parcels)
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter provided by the applicant's representative and date stamped by the
City on December 18, 2003, is incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): None proposed.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Eagle Fire Department has been received. The
Eagle Sewer District states that sewer service to the subject properties would need to be
terminated and capped with a watertight seal upon the removal of the dwelling units from
the parcels.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
An accessory building (tin shed) is situated straddling the common side lot line of the
"north" parcel and the "middle" parcel. The construction of a building, or portion thereof,
atop a property line does not comply with the required setbacks and constitutes a non-
conforming use of the property.
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N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
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 TillS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Residential Four, suitable
primarily for single-family residential development within an urbanized setting. Residential
density of up to four dwelling units per acre may be considered by the City for this area.
Chapter 4 - Schools, Public Services and Utilities
4.3
Goal
b. Support the enhancement of the public educational system with emphasis on
promoting quality school facilities.
4.4
Objectives
b. To support school district efforts to provide school sites and facilities that
accommodate student enrollment.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-3 states that a school is allowed within the R-4 (Residential) zoning district
through he approval of a conditional use permit
.
ECC Section 8-2-3 states that a parking lot is a permitted use within the PS
(Public/Semipublic) zoning district.
c.
DISCUSSION:
.
The 2000 City of Eagle Comprehensive Plan's Land Use Map designates this site as
Residential Four (up to four dwelling units per acre), with a current zoning designation of R-4
(Residential). The subject site, consisting of three separate parcels, currently has single-family
dwelling units located upon them that are owned and have been used by the Joint School
District No.2 for various purposes. The applicant seeks to rezone the subject properties to PS
(Public/Semipublic) in order to construct a parking lot to accommodate space needs for the
Eagle Elementary School located to the north of this site. Eagle Road abutting the east side of
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this site has evolved from a rural roadway to a main entrance into the Central Business
District, as may be evidenced by the increase in traffic volume and the recent improvement of
the roadway with curb, gutter and a five-foot wide concrete sidewalk separated from the back
of curb by a tree-lined landscape strip. It may be considered that properties on either side of
Eagle Road in this subject area are becoming less suitable for single-family residential uses
and more conducive to a mix of commercial and public uses.
Staff recommends that a rezone of the property from R-4 to PS is appropriate given that the
proposed development does not intensify the use of the site since the parking lot is an
extension of the existing school use. In addition, the applicant will be required to design the
site with screening and buffering methods between the abutting residences and public
roadways to mitigate any noise and glare of vehicles using the site. Because a school facility is
allowed within the R-4 zoning district through the approval of a conditional use permit, a
rezone of the property to PS to permit the extension of the school facilities would, in effect,
result in a similar outcome as the conditional use. The development would be subject to the
requirements and approval of a design review application in either case.
.
An accessory building (tin shed) is located atop the common side lot line of the "north" parcel
and the "middle" parcel. The construction of a building, or portion thereof, atop a property
line does not comply with the required setbacks and constitutes a non-conforming use of the
property. Typically, when a site specific concern arises during the rezoning process (such as
the nonconforming use mentioned above) a development agreement pursuant to Eagle City
Code Section 8-10-1 can be entered into between the City and the applicant to assure that
appropriate conditions are placed on the rezone of the property (which runs with the land) that
help mitigate or eliminate the issues which may raise concern. In this instance, however, the
only known concern (based on available information) regarding the rezone of the site to PS is
the nonconforming status of the parcel due to the existence of a tin shed constructed over the
common lot line of the "northern" parcel and "middle" parcel. Rather than initiating a
development agreement for this single issue, staff recommends approval of the rezone with the
condition that the applicant remove the shed from the site, prior to the City aoorovinl! the
rezone ordinance. To assure the rezone of this site occurs in a timely fashion, the tin shed
should be removed from the site within 120-days from the rezone approval date (at which time
the ordinance will be approved and the site will be designated as PS). If the tin shed is not
removed within the 120-day timeframe, then the rezone approval should be considered void.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone from R-4 (Residential) to PS (Public/Semipublic), with the condition 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 February
2, 2004, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
R 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
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one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of RZ-9-03 for a rezone from
R-4 (Residential) to PS (Public/Semipublic) for Joint School District No.2 with the conditions as
shown within their Findings of Fact and Conclusions of Law document dated February 17, 2004.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 16, 2004, at which
time public 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 one (1) individual (not
including the applicant/representative) who was supportive of parking for the downtown area; and
while maintaining older houses are important to the character and look of the city, it is appropriate to
have these houses moved from this particular area. I think this is a great positive change for the
downtown.
D. Oral testimony neither in opposition nor in favor of this proposal was presented to the City Council by
one (1) individual with concerns regarding pedestrian traffic accessing the school site from Park Road
and whether there was an easement provided to permit this activity, and that there is a need for
sidewalks to be constructed on Park Road.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve RZ-9-03 for a rezone from R-4
(Residential) to PS (Public/Semi-Public) for Joint School District No.2 with the following
Planning and Zoning Commission recommended condition:
The applicant shall remove the tin shed existing on the common lot line of the "northern" parcel
and "middle" parcel (as described on the record of survey date stamped by the City on December
18,2003), prior to the City adopting the rezone ordinance. To assure the rezone of this site occurs
in a timely fashion, the tin shed shall be removed from the site within 120-days from the rezone
approval date (at which time the ordinance will be adopted and the site will be designated as PS).
If the tin shed is not removed within the 120-day timeframe, then the rezone approval shall be
considered void. In addition, the applicant shall consult with the City Forester regarding design
and construction methods for the preservation of the existing trees on the site. The design and
construction methods approved by the City Forester shall be submitted to the Design Review
Board for review and approval, prior to any improvements being made to the site.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 18,2003.
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 January 13, 2004. Notice of this public hearing was mailed to property owners within
three-hundred feet (3OO-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on January 7, 2004. Requests for agencies' reviews
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were transmitted on December 23, 2003, 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,
2004. 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 18, 2004.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-9-03) 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 PS (Public/Semipublic) is in accordance with the
Comprehensive Plan and established goals and objectives because the PS zoning district permits
a use (extension of a school facility) which is an allowed use in the R-4 (Residential) zoning
district through the approval of a conditional use permit. A rezone of the property from R-4 to
PS is a benefit to the community since the proposed expansion of the Eagle Elementary School
facilities supports the school district's efforts to provide school sites and facilities that
accommodate student enrollment, as outlined in the Comprehensive Plan;
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
a parking lot on this property under the proposed zone;
The proposed zoning designation of PS (Public/Semipublic) is compatible with the R-4
(Residential) zone to the south and west since the proposed parking lot on this site will be
required to be designed with screening and buffering methods to mitigate any potential vehicle
noise and glare that may be emitted from this site;
The proposed zoning designation of PS (Public/Semipublic) is compatible with the PS
(Public/Semipublic) zone to the north and the school facility (Eagle Elementary) located upon
that property;
The proposed zoning designation of PS (Public/Semipublic) is compatible with Eagle Road and
the R-4 (Residential) zone to the east since this development will be required to install
landscaping to mitigate the effects of roadway noise upon the site as well as to screen parked
vehicles from the view of passing vehicles and pedestrians, and from the view of the residences
on the east side of Eagle Road;
The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
No non-conforming uses are expected to be created with this rezone, since the tin shed
straddling the common lot line of the "northern" parcel and "middle" parcel will be required to
be removed, prior to the City adopting a rezone ordinance for this site.
b.
c.
d.
e.
f.
g.
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DATED this 23rd day of March 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
JIT
S~{\ -- ~ ~ (9-rN-'?-
Sharon K. Moore, Eagle City C erk
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