Findings - PZ - 2005 - A-8-4 & RZ-13-04 - Rz From Rut To Re/5.03 Acre/885 W. Beacon Light Road
OR I GI NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
ANNEXATION AND REZONE FROM RUT (RURAL
URBAN TRANSITION) TO R-E (RESIDENTIAL-ESTATES
FOR BILL GUHRKE )
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-8-04 & RZ-13-04
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their action on February 7, 2005. 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:
Bill Guhrke, represented by Land Consultants Inc., is requesting an annexation and rezone
from RUT (Rural Urban Transition) to R-E (Residential-Estates - up to one dwelling unit
per two acres) for Venice Subdivision. The 5.03-acre development is located south of
Beacon Light Road, approximately 1/2 mile west of Eagle Road at 885 West Beacon Light
Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 3, 2004.
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 November 29, 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 November 24, 2004. Requests for agencies' reviews were transmitted on
November 5,2004, in accordance with the requirements of the Eagle City Code.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS:
On August 24, 1999, the Eagle City Council recommended approval of Anacortes
Subdivision (Ada County transmittal).
On April 25, 2000, the Eagle City Council recommended approval of Ptarmigan
Subdivision (Ada County transmittal).
E.
COMPANION APPLICATIONS: PPIFP-4-04 (Combined preliminary plat and final plat for
Venice Subdivision)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Estates (up to RUT (Residential -Ada Single-family dwelling
one unit per two acres County designation)
maximum)
Proposed No Change R-E (Residential) Two lot residential
subdivision
North of site Residential Rural (up to RUT (Residential-Ada Beacon Light Road &
one unit per five acres County designation) Single-family dwellings
maximum)
South of site Residential Estates (up to Rl (Residential-Ada County Single-family dwelling
one unit per two acres designation)
maximum)
East of site Residential Estates (up to R-E (Residential) Proposed Tanglerose
one unit per two acres Subdivision
maximum)
West of site Residential Estates (up to RUT (Residential -Ada Single-family dwelling
one unit per two acres County designation)
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H.
TOTAL ACREAGE OF SITE: 5.03-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter (date stamped by the City of Eagle on November 3,2004) provided
by the applicant's representative is incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): Not applicable
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A letter from the Eagle Fire Department states that all new dwellings will be required to
have approved automatic fIfe sprinkler systems installed prior to occupancy. Central
District Health requires a complete engineering report for any individual septic systems
utilized on the site.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
An existing single-family dwelling on the site is located 45-feet from the Beacon Light
Road right-of-way. Upon the annexation and rezone of the site to the R-E zoning district,
the site and dwelling would constitute a non-conforming use of the property since Eagle
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City Code requires front yard setbacks for all structures to be a minimum of 50-feet from
the right-of-way line.
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
Central District Health Department
Eagle Fire Department
O.
LETTERS FROM THE PUBLIC: None received as of this date.
ST AFF 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 Estates"; suitable
primarily for single family residential development within areas that are rural in character.
Chapter 6 - Land Use
6.5
Goal
To preserve the rural transitional identity.
6.7
Implementation Strategies
J.
Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development.
The Idaho Right to Farm Act should be promoted.
Chapter 8 - Transportation
8.6
Implementation Strategies
o. Encourage arterial and collector roadway design criteria consistent with the rural
nature of planned and existing developments generally within the areas designated
on the Land Use Map as Residential Rural (one dwelling unit per five acres
maximum) and Residential Estates (one dwelling unit per two acres maximum).
Such designs should include the following:
1. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography, trees,
ditches and/or similar features may limit the distance between sidewalks
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B.
c.
and/or pathways and the roadway edge. Easements may be needed if portions
of the sidewalk and/or pathway are to be located outside of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only at
driveways and/or street intersections that are expected to generate a minimum
of 1Ooo vehicle trips per day, or where determined to be necessary for safety
by ACHD. Any portion of a center turn lane which is not used for such a
driveway or intersection should be landscaped. Such landscaped medians
would need to be maintained by the City and would require a license
agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides of
the roadway.
5. A minimum building setback ordinance resulting in a setback of
approximately 125-feet from the roadway centerline should be considered to
be adopted by the City.
ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
ECC 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS,
states in part:
Front yard setbacks within the R-E zoning district shall be a minimum of 50-feet from
the front property line.
DISCUSSION:
.
Staff believes that an R-E (Residential-Estates) zoning designation for this site is appropriate
since the zoning designation is equal to the Residential Estates designation shown on the City
of Eagle 2000 Comprehensive Plan Land Use Plan. In addition, there are sites in the general
vicinity to the east and south that have been proposed for, or developed with, residential uses
on building lots that are similar in size and compatible to the development proposed with this
application. This property will be compatible with the land uses to the north since this
development will be required to install a landscape buffer adjacent to Beacon Light Road to
mitigate the effects of roadway noise upon the site as well as to provide a transition to the
larger lots located on the north side of Beacon Light Road. The land uses to the west are
anticipated to be developed at a density equal to one dwelling unit per two-acres as designated
on the Comprehensive Plan Land Use Map.
.
The existing single-family dwelling located on the parcel (proposed Lot 1, Block 1) does not
meet the minimum required front yard setback of 50-feet (the house measures 45-feet from the
right-of-way line of Beacon Light Road). Recent City Council approval of an Administrative
Interpretation (AI-I-03) determined that any single family dwelling unit which is a
nonconforming use and is located within a residential zoning district (A-R, R-E, R-l, R-2, R-
3, & R-4) may be added onto, enlarged, and/or modified provided that the building addition
comply with the setbacks in effect at the time the building permit is issued for the addition.
This interpretation acknowledges that it would be cumbersome to require the alteration of
dwellings built prior to the annexation into the City in order to meet the City's setback
requirements. In addition, the change to the setback of the dwelling from the roadway was
created by the requirement of the Ada County Highway District to dedicate additional right-of-
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way on Beacon Light Road. Staff recommends that this same administrative interpretation
apply in this instance and requests that the Planning and Zoning Commission and City Council
make the appropriate finding to acknowledge these circumstances.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone upon annexation.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was scheduled to be held before the Planning and Zoning
Commission on December 20, 2004, at which time the public hearing was continued to January 3,
2005, and January 18, 2005. A public hearing on the application was held before the Planning and
Zoning Commission on February 7, 2005, 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 (not including the applicant/representative).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (1) individual who had questions regarding the continuation of irrigation
water to abutting properties, the determination of who would pay for utility cuts within Anacortes
Lane; and that the installation of a street light at the intersection of Anacortes Lane and Beacon Light
Road was a good idea.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of A-8-04 & RZ-13-04 for
a rezone upon annexation from RUT (Rural Urban Transition - Ada County designation) to R-
E (Residential-Estates - up to one dwelling unit per two acres).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 3,2004.
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 November 29, 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 November 24,2004. Requests for agencies'
reviews were transmitted on November 5, 2004, in accordance with the requirements of the Eagle City
Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-8-04 & RZ-13-04) 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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
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a. The requested zoning designation of R-E (Residential-Estates) is in accordance
with the Comprehensive Plan and established goals and objectives because the R-
E zoning district is equal to the Residential Estates land use designation shown on
the Comprehensive Plan land use map and, the lot sizes are consistent with
existing lot sizes in the vicinity as well as compatible with the rural character of
the area;
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 a single-family residential development on this
property under the proposed zone;
c. The proposed zoning designation of R-E (Residential-Estates) is compatible with
the RUT (Rural Urban Transition - Ada County designation) zone to the west
since that site is anticipated to be developed at up one unit per two-acres in
accordance with the Residential Estates designation as shown on the
Comprehensive Plan land use map;
d. The proposed zoning designation of R-E (Residential-Estates) is compatible with
the RUT (Rural Urban Transition - Ada County designation) zone to the north
since this development will be required to install a landscape buffer adjacent to
Beacon Light Road to mitigate the effects of roadway noise upon the site as well
as to provide a transition to the larger lots located on the north side of Beacon
Light Road;
e. The proposed zoning designation of R-E (Residential-Estates) is compatible with
the R-E (Residential-Estates) zone to the to the east since that site is approved for
a development with residential uses on building lots that are similar in size and
compatible to the development proposed with this application; and
f. The proposed zoning designation of R-E (Residential-Estates) is compatible with
the Rl (Residential - Ada County designation) zone to the south that has been
developed with residential uses on building lots that are similar in size and
compatible to the development proposed with this application; and
g. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan; and
h. The existing dwelling on the site will become a non-conforming use upon the
rezoning of the property to R-E since the dwelling will be located five-feet within
the required minimum setback of fifty-feet from Beacon Light Road. The
Commission recognizes that it would be cumbersome to require a dwelling built
prior to the annexation into the City to be altered in order to meet the City's
setback requirements. In addition, the change to the setback of the dwelling from
the roadway was created by the requirement of the Ada County Highway District
to dedicate additional right-of-way on Beacon Light Road. The Commission
recommends that in light of these circumstances, as well as past action by the
Council, the Council should consider allowing the existing structures to remain as
built although it may be in conflict with new setback requirements. The
Commission felt that no changes in the appearance or character of the area would
occur as a result of the existing dwelling remaining "as is",
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DATED this 15th day of February 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
daho
ATTEST:
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Sharon. Bergmann, Eagle City Cle
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