Findings - CC - 2003 - CPA-02-02 - Expand Impact Area 2.03 Sw Corner Hwy44/Linder Rd
ORIG\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
IMPACT AREA BOUNDARY CHANGE AND A )
COMPREHENSIVE PLAN AMENDMENT TO )
ESTABLISH A COMMERCIAL LAND USE )
DESIGNATION FOR BOB AND LAREE VAN)
TREECK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CP A-O2-02
The above-entitled request for impact area boundary change and comprehensive plan amendment
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:
Bob and Laree Van Treeck, represented by Land Consultants, Inc., are requesting a
westerly expansion to the City's Impact Area Boundary to include the 2.03-acre site
located on the southwest corner of State Highway 44 and Linder Road at 201 Linder
Road. The applicant is also requesting a comprehensive plan amendment to include the
site into the City's Land Use Map as Commercial.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 9,2002.
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 October 15,22, and 29, 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 October 31, 2002. Requests for agencies' reviews were
transmitted on September 19, 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 January 28, February 4 and 11, 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 January 22,2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 9, 2002, the Eagle City Council approved a comprehensive plan amendment
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(CPA-2-01) 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. This site is
located on the northeast corner of Linder Road and State Highway 44.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Not within the City of RUT (Rural Residential - Ada Single-family residence
Eagle Area of Impact County designation)
Proposed Commercial No change at this time No change at this time
North ofsite Not within the City of RR (Rural Residential - Ada Church/Residence &
Eagle Area of Impact County designation) State Highway 44
South of site Not within the City of RR (Rural Residential - Ada ResidencesIPasture
Eagle Area of Impact County designation)
East of site Residential One (up to RUT (Rural Urban transitional - ResidencesIPasture &
one dwelling unit per Ada County designation) Linder Road
acre maximum)
West of site Not within the City of RR (Rural Residential - Ada State Highway 44
Eagle Area of Impact County designation)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 2.03-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.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Eagle Fire Department states that if a commercial
building were to be constructed, an extension of the water main would be required. The
Eagle Sewer District states that the property has been annexed into the Eagle Sewer
District and any construction drawings shall be reviewed prior to connection to sewer
service.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
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M.
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
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
N.
LETTERS FROM THE PUBLIC:
O.
APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
See the attached letter dated September 6, 2002, submitted by the applicant addressing
justification for the Comprehensive Plan Amendment.
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 currently designates this site as Residential One (up
to one dwelling unit per acre).
Chapter I - 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.
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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.
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, fire, recreational areas, highways and
transportation systems.
d. Discourage strip commercial type development.
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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.
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.
8.2.1
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.
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.
m.
Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
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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 WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-8-2 (A) ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMP ACT:
Annexation by the city shall be limited to those lands lying within the area of city
impact and being contiguous to the boundaries of the city.
C.
DISCUSSION:
.
The subject property is currently zoned RUT (Ada County designation - Residential - one
unit per five acres) with no Comprehensive Plan Land Use Map designation since it is located
west of the City's Area ofImpact western boundary.
The subject site is currently not located within the City of Eagle Area of Impact (Linder Road
is the western boundary - the site is located on the southwest corner of State Highway 44 and
Linder Road), and, until negotiations occur between the City and Ada County and an
.
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.
agreement is made, the parcel will not be included within the City's Area of Impact.
However, it is important to consider requests submitted to the City to review properties outside
of the City's Area of Impact in order to establish land use patterns that are compatible with
existing uses, as well as to encourage uses that will adequately serve the region as the area
grows and changes in character.
The applicant's justification letter states that the "City has already determined many months
ago that the Impact Area should, at a minimum, be extended west to the Lanewood
alignment." And further, upon the annexation of properties to the northwest, the subject
parcel is available for annexation since it is included within the proposed area of adjustment.
Whether or not the City has officially determined that the area between Linder Road and the
Lanewood alignment is appropriate for an Area of Impact Boundary adjustment is still left to
be answered, yet it may be a fair statement that an Area of Impact Boundary adjustment to the
west will likely occur. Until such time as this adjustment occurs, the property will remain out
of the jurisdiction of the City's purview since the site is outside of the City's Area of Impact.
However, this does not preclude further discussion of the area and the types of land
designations that would be most appropriate for the site.
Past City Council action amended the Comprehensive Plan to designate the property to the
northeast of this site (CPA-O2-01) as Commercial (from Residential One) based on the
determination that "The noise and pollution created by the high volume of traffic at the
intersection of State Highway 44 and Linder Road creates a situation suitable for commercial
uses that provide economic benefits to the community as well as to residents in the area who
desire commercial amenities within close proximity." The Council further concluded that
properties on all sides of the intersection (SH 44 and Linder Road) have the potential for
commercial uses, provided a traffic study is conducted and subsequently reviewed and
approved by the City.
.
Again, with reference to the property northeast of this site, the Council approved the
Comprehensive Plan amendment from Residential One to Commercial, with conditions placed
on the approval requiring that the site be annexed prior to any commercial development
occurring on the site. While the aforementioned conditional approval may have been
appropriate for that particular site (since it is located within the Area of Impact but not within
the City limits), additional circumstances must be present for a conditional approval to be a
viable option for this application. With no current agreements in place with the County for the
subject parcel, the City would not have the ability to make recommendations regarding any
proposed development of the parcel. Further, the issue may be considered disputable since
regardless of what land use designation the City places upon a property outside of it's Area of
Impact boundary, the government agency (in this case the County) that has jurisdiction over
the site would not be obligated to recognize the City's determination. With this application,
the City may consider designating this site as Commercial and soon begin negotiations with
Ada County regarding the inclusion of the area west of Linder Road into the City's Area of
Impact. If this boundary line adjustment is approved, the City may consider requiring the
following conditions of approval for development on the subject property:
1. The property shall not be considered for commercial use until the City of Eagle and Ada
County have negotiated an adjustment of the area of impact boundary line west of Linder
Road.
2. The property shall not be developed with a commercial use until such time as the property
is included within the City of Eagle Area ofImpact boundary.
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3. The property shall not be rezoned for a commercial use until it is annexed into the City of
Eagle.
4. The property owner at the time an application is made shall submit a development
agreement and a concept plan upon application for annexation and rezoning into the City
of Eagle.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
In staffs opinion, an approval of a Commercial designation for the subject site is appropriate since
the Council has previously determined that noise and pollution created by the high volume of
traffic at the intersection of State Highway 44 and Linder Road creates a situation suitable for
commercial rather residential. Upon successful negotiations between the City of Eagle and Ada
County to adjust the City of Eagle Area of Impact boundary west of Linder Road, the City may
want to consider the staff recommended conditions provided 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
November 18, 2002, and continued to December 2, 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 ofthis proposal was presented to the Planning and Zoning Commission by two
(2) 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 neighborhood flavor has changed
with the addition of the Eagle High School in the area, and that property owners near this site would
also like their property to be designated commercial.
COMMISSION DECISION:
The Commission voted 4 to 0 (Cadwell absent) to recommend approval ofCPA-2-02 for a
Comprehensive Plan Land Use Map designation of Commercial, upon the westerly expansion to
the City's Impact Area Boundary, for Bob and Laree Van Treeck with the recommended
conditions as shown within their Findings of Fact and Conclusions of Law document dated
January 6, 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.
C. Oral testimony in favor of this proposal was presented to the City Council by four (4) individuals (not
including the applicant/representative) who felt a commercial designation was appropriate for the
subject property since sewer is now available to the area, the effects of the opening of the Eagle High
School has changed the character of the area, and traffic levels have increased to a point that single-
family dwellings are no longer desirable to inhabit due to noise and congestion.
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D. Written testimony in favor of this proposal was presented to the City Council in the fonn of a petition
signed by twenty (20) individuals. The petition is incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CP A-2-02 for a Comprehensive Plan Amendment to establish
a Land Use Map designation of Commercial for Bob and Laree Van Treeck with the following
Planning and Zoning Commission recommended conditions, with underlined text to be added by
the Council and strikethrough text to be deleted by the Council.
Note: the Council did not approve a change to the City's westerly impact area boundary at this
time.
1. The property shall Bot be considered for commercial use uatil the City of Eagle aaà Ada COW1ty
haye negotiated an adjllstæeRt of the lH'ea of impact boUfldwy line ':lest øf Linder Road.
2.The property shall Bot be deyclopeà with a commercial \:lse \:lHtil s\:leh time as the prøperty is
incl\:ldeà ,vithin the City øfEagle's Area oflmpaet, UHless otherwise eppføveà by the City
Council.
1. The property shall not be rezoned for a commercial use until it is annexed into the City of
Eagle.
2. The property owner shall submit a development agreement and a concept plan upon
application for annexation and rezoning into the City of Eagle.
3. The property owner agrees to a pre-annexation agreement which prohibits the development of
the property which is the subject of this application until the site is annexed into the City of
Eagle
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 9, 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 October 15, 22, and 29, 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 October 31,2002. Requests
for agencies' reviews were transmitted on September 19,2002, 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 January 28,
February 4 and 11, 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 January 22,2003.
3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-2-02) and based upon the information provided concludes that the proposed land
use designation of Commercial for the subject parcel is appropriate and is in accordance with the City
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of Eagle Comprehensive Plan and established goals and objectives because:
The noise pollution created by the high volume of traffic at the intersection of State Highway 44 and
Linder Road creates a situation suitable for commercial uses that provide economic benefits to the
community as well as to residents in the area who desire commercial amenities within close proximity.
In addition, the small size of the lot diminishes the feasibility for the subject property to be developed
for residential use since the construction of adequate buffers from the adjacent roadways may not be
sufficient. However, since Ada County has not implemented the same site and building design
requirements as the City of Eagle, then the site shall not be developed (as agreed to by the applicant as
noted herein and as stated within the Annexation Agreement) until the site is annexed into the City so
as to assure that the site develops in accordance with design standards of the City.
DATED this 12th day of August 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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