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Findings - CC - 2004 - A-08-04/RZ-13-04 - A/Rz From Rut To Re/Venice Subd/5.03 Acre/855 W. Beacon Light Road BEFORE THE EAGLE CITY COUNCIL ORIG\NAL IN THE MATTER OF AN APPLICATION FOR ANNEXA TION AND REZONE FROM RUT (RURAL URBAN TRANSITION) TO R-E (RESIDENTIAL-EST A TES 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 City Council for their action on March 8. 2005. 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: 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 S.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. 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 21, 2005. 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 16, 2005. D. HISTORY 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: PP/FP-4-04 (Combined preliminary plat and final plat for Page 1 of 7 K\PlalUlÌllg D<ptlEagle ApplicationslRZ&AI2004\A-O8-04 & RZ-13-04 eel.doc Venice Subdivision) 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. TOT AL ACREAGE OF SITE: S.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. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: A letter from the Eagle Fire Department states that all new dwellings are required to have approved automatic fire 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 4S-feet from the Beacon Light Page 2 of 7 K:\Plamllng DeptlEagle ApplicationsIRZ&A\2004\A-Og-Q4 & RZ-13-Q4 cä.Joc 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 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. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS REGARDING THIS PROPOSAL: WHICH ARE OF SPECIAL CONCERN . 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, Page 3 of 7 K:\Plwmmg Dt:ptlEagle Applications\RZ&AI2004\A-O8-04 & RZ-13-04 ccf.doc B. c. ditches and/or similar features may limit the distance between sidewalks 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 1000 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 12S-feet from the roadway centerline should be considered to be adopted by the City. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS 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 4S-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- Page 4 of 7 K:\Pl:nming Dt:ptlEagk: Applications\RZ&AI2004\A-O8-04 & RZ-13.04 ccrdoc 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). PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on March 8, 2005, 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 no one (not including the applicant/representative ). D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council by two (2) individuals who had questions regarding the repair of an irrigation control box and the continuation of irrigation water to abutting properties, the determination of who would pay for utility cuts within Anacortes Lane; control of speeds on the private roadway; gas service to the properties south of Beacon Light Road; and whether the electrical transformer serving the site was over capacity. Page 5 of 7 K:\Planning DeptlEagle Applications\RZ&A\2004\A-Og.Q4 & RZ-13-Q4 ccfdoc COUNCIL DECISION: The Council voted 4 to 0 to approve 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. 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 21, 2005. 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 16,2005. 3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone (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 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 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 Page 6 of 7 K:\Planning Dt:ptlEagle AppliçationslRZ&AI2004\A-O8-04 & RZ-13-04 ""f.uoç 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 Council 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. Since no changes in the appearance or character of the area would occur as a result of the existing dwelling remaining as built although it may be in conflict with new setback requirements. DATED this 22nd day of March 2005. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho JJ.-~ K &~~ Sharon Kl Bergmann, Eagle Cit Clerk """""" "" LE "" ", Io.O ", " ~ ....... .... #" 'L'... .. ~ #. .." 0.-." .. '" 1: E.. ' ;,'~ ...-. ~ .. ;... ",° ....' 0 .. .. '..... , ,,' .. :f-<:~ . ,,-::::::: S~:o; \,,-F;<= ."oJ.v <- '......:: \.. <^ , .-',':::: :: *.. " .. L. .. .... .. ¡."~c' ..-:". .." *,,* ...'..'~.-GO.." #""" STA'\:Y.-'> """11"""" ' Page 7 of 7 K:\Planning DeptlEagle Appli"ations\RZ&A\2004\A-O8-04 & RZ-13-04 «fOO"