Findings - PZ - 2002 - RZ-13-01 - Rz From A To R1/23.46 Acre/1156 Ballantyne Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A-R (AGRICUL TURAL-
RESIDENTIAL) TO R-l (RESIDENTIAL) FOR
RADA PROPERTIES LLC
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-13-01
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on January 14, 2002, at which time public testimony was taken and the public hearing
was closed. The Commission continued the item to January 28, 2002, and made their decision at that time.
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:
RADA Properties, LLC, represented by Land Consultants, Inc., is requesting a rezone
from A (Agricultural) to R-l (Residential One - one dwelling unit per acre maximum).
The 23.46-acre site is generally located on the southeast corner of Ballantyne Road and
Floating Feather Road at 1156 Ballantyne Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 13, 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 December 29,2001. 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 December 21, 2001. Requests for agencies' reviews were transmitted on
November 15, 2001 in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: PP-12-01 (Lockwood Subdivision)
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L.
M.
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential One (up to one A (Agricultural) Residence/Pasture
unit per acre maximum)
Proposed No Change R-l (Residential) Residential Subdivision
North of site Residential Estates (up to R-E (Residential-Estates) & Residences/ Oakley Estates
one units per two acres RUT (Residential- Ada Subdivision
maximum) County designation)
South of site Residential One (up to one A-R (Agricultural- Baker's Acres Subdivision
unit per acre maximum) Residential)
East of site Residential One (up to one A (Agricultural) Residence/Pasture
unit per acre maximum)
West of site Residential One (up to one RUT (Residential - Ada Residence/ Pasture &
unit per acre maximum) & County designation) Daycare facility & ACHD
Publici Semi-public drainage pond
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 23.46-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on November 13, 2001 provided
by the applicant's representative.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/a
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters (with conditions) from the Central District Health Department and
Eagle Fire Department have been received. The Eagle Sewer District states the subject property
will need to be annexed into the district and construction drawings approved to be served with
central sewer. United Water states the subject property is within their service area.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
NON-CONFORMING USES:
An existing single-family dwelling unit is located within the northwestern comer of this
parcel on Lot 13, Block 1 (at the intersection of Ballantyne Road and Floating Feather
Road). The lot is in essence separated (connected only by the proposed buffer area
abutting Floating Feather Road) from the balance of the subdivision by the Ada County
Highway District's drainage pond. The front yard setback is approximately 22-feet as
measured from Ballantyne Road to the front of the house. Currently, the dwelling does
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not meet the minimum front yard setback of sixty-feet (60') as required in an A
(Agricultural) zone. Further, the house would not meet the minimum front yard setback of
thirty-feet (30') if the property were rezoned to an R-l designation.
The dwelling currently utilizes an on-site septic system for sewer disposal. The dwelling
would be required to connect to a central sewer system if the property were rezoned to an
R-l designation.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Drainage District #2
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company Ltd.
Joint School District No.2
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 TillS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential One,
suitable primarily for single-family residential development within areas that are rural
in character. Residential density of up to one dwelling unit per gross acre may be
considered by the City for this area.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL: (None)
.
ECC Section 8-2-4 states in part that a minimum of 30-feet is required for front yard
setbacks and a minimum of 30-feet is required for street side setbacks within an
R-l zoning district.
.
ECC Section 8-5-2 (C) Change of Nonconforming Use:
If no structural alterations are made, any nonconforming use of a structure and
land may, upon the issuance of a conditional use permit by the Council, be
changed to another nonconforming use; provided, that the Council shall find that
the proposed use is equally appropriate or more appropriate to the district than the
existing nonconforming use. In permitting such change, the Council may require
appropriate conditions and safeguards in accord with other provisions of this Title.
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c.
DISCUSSION:
.
The existing house located on the corner of Ballantyne Road and Floating Feather
Road is currently located within the A (Agriculture) zoning district and is considered a
nonconforming use since it does not comply with the minimum setback requirements
within ECC Section 8-2-4. The existing front yard setback is 22-feet; the minimum
required front yard setback in the A zone is 60-feet.
Upon rezone to R-l, the nonconforming status of the dwelling unit would not
decrease, rather it would intensify. However, the nonconforming front yard setback
may be considered of minimal concern since the distance of nonconformity would be
decreasing by 30-feet (minimum front yard setback in the R-l zone is 30-feet). The
concern regarding the intensification of the nonconforming use comes from the fact
the house currently uses an on-site septic system for waste water disposal while the R-
1 zone requires central sewer service. Secondly, with a 22-foot front yard setback the
house is located in what will be the 35-foot wide buffer area that is required by ECC
Section 8-2A- 7 (1)(4) upon development of the site.
Because the dwelling does not comply with minimum setbacks, utilizes an on-site
septic system instead of central sewer, and would be located within the 35-foot wide
required buffer area, staff recommends the applicant remove the house from the site
prior to this site being rezoned to R -1.
Typically, when a site specific concern arises during the rezoning process (such as the
nonconforming house as mentioned above) a development agreement pursuant to
Eagle City Code Section 8-10-1 can be entered into between the City and an applicant
to assure that appropriate conditions are placed on the rezone (which run with the
land) that help mitigate or eliminate the issues raising the concerns. In this instance,
however, the only concern regarding the rezone of the site to R -1 is the
nonconforming status of the house. Rather that initiating a development agreement
for this one issue, staff recommends approval of the rezone with the condition that the
nonconforming house be removed from the site prior to the City approving the rezone
ordinance. To assure the rezone of this site occurs in a timely fashion, the house
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 R-l). If
the house is not removed within the 120-day timeframe, then the rezone approval
should be considered void.
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 R -1 (one unit per acre maximum) is equal to
the one unit per acre maximum 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 single-family dwelling units on this property
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under the proposed zone;
c. The proposed R-l zone (one unit per acre maximum) is compatible with the RUT
(Ada County designation) zone and R-E (one unit per two acre maximum) zone to
the north since that area has existing residential lots with similar lot sizes and
densities;
d. The proposed R-I zone (one unit per acre maximum) is compatible with the A-R
(one unit per five acre maximum) zone to the south since that area has existing
residential lots with similar lot sizes and densities and may develop further at one
or fewer dwelling units per acre per the Comprehensive Plan Land Use Map;
e. The proposed R-l zone (one unit per acre maximum) is compatible with the R-E
(one unit per two acre maximum) zone to the east since that area may develop
further at one or fewer dwelling units per acre per the Comprehensive Plan Land
Use Map;
f. The proposed R-l zone (one unit per acre maximum) is compatible with the RUT
(Ada County designation) zone to the west since that area is currently
residentiaVfarm land and is anticipated to develop with similar residential
densities as it is shown at one or fewer dwelling units per acre per the
Comprehensive Plan Land Use Map;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan;
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone with the condition noted 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
14, 2002 at which time testimony was taken and the public hearing was closed. The Commission
continued the item to January 28, 2002, and 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 one
(1)individual who felt this development would add value to his property, welcomes the idea of the
installation of a pathway and that private roadways would be appropriate than public roads.
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the Planning and
Zoning Commission by two (2) individuals with concerns regarding the need to save existing trees on
the site, access into the subdivision, the width of the internal streets, the end result of how end Lot 13,
Block 1, will develop and whether the site can accommodate drainage.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-13-01 for a rezone from A-R
(Agricultural-Residential- up to one unit per five acres) to R-l (Residential - up to one dwelling
unit per acre) for RADA Properties LLc.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 13, 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
ordinances on December 29, 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 December 21, 2001. Requests for agencies' reviews
were transmitted on November 15, 2001 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-13-01)
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 R-l (one unit per acre maximum) is equal to the
one unit per acre maximum 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 single-family dwelling units on this property under
the proposed zone;
c. The proposed R-l zone (one unit per acre maximum) is compatible with the RUT
(Ada County designation) zone and R-E (one unit per two acre maximum) zone to the
north since that area has existing residential lots with similar lot sizes and densities;
d. The proposed R-l zone (one unit per acre maximum) is compatible with the A-R (one
unit per five acre maximum) zone to the south since that area has existing residential
lots with similar lot sizes and densities and may develop further at one or fewer
dwelling units per acre per the Comprehensive Plan Land Use Map;
e. The proposed R-l zone (one unit per acre maximum) is compatible with the R-E (one
unit per two acre maximum) zone to the east since that area may develop further at
one or fewer dwelling units per acre per the Comprehensive Plan Land Use Map;
f. The proposed R-l zone (one unit per acre maximum) is compatible with the RUT
(Ada County designation) zone to the west since that area is currently residential/farm
land and is anticipated to develop with similar residential densities as it is shown at
one or fewer dwelling units per acre per the Comprehensive Plan Land Use Map;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
4.
The Commission stated further that the nonconforming house located near the comer of Ballantyne
Road and Floating Feather Road shall be removed from the site prior to the City approving the
rezone ordinance. To assure the rezone of this site occurs in a timely fashion, the house shall 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 R-l). If the house is not removed within the
120-day timeframe, then the rezone approval shall be considered void.
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DATED this 4th day of February 2002.
ATTEST:
PLANNING AND ZONING COMMISSION
OF THE CITY OF E GLE
Ad llnty, ah~
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