Findings - PZ - 2005 - CPA-3-05 & RZ-3-05 - Rz From A To R1-Da & R3-Da/1.99 Units Per Acre/47.8 Acre/1501/1601 Wff Rd/
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
COMPREHENSIVE PLAN TEXT AMENDMENT
FROM ONE UNIT PER ACRE TO TWO UNITS PER
ACRE AND A REZONE FROM A (AGRICULTURAL
TO R-I-DA (RESIDENTIAL WITH DEVELOPMENT
AGREEMENT) AND R-3-DA (RESIDENTIAL WITH
DEVELOPMENT AGREEMENT)
FOR HILL VIEW DEVELOPMENT LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA -3-05 & RZ-3-05
The above-entitled comprehensive plan amendment and rezone with development agreement applications
came before the Eagle Planning and Zoning Commission for their recommendation on March 7, 2005.
The Eagle Planning and Zoning 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:
Hillview Development Corporation, represented by Land Consultants Inc., is requesting a
Comprehensive Plan text amendment from I-unit per acre to two-units per acre, a rezone
from A (Agricultural) to R-I-DA (Residential - up to I-unit per acre with development
agreement) and R-3-DA (Residential - up to 3-units per acre with development
agreement) for an overall density of 1.99 units to the acre. The 47.8-acre site is located
approximately one-quarter mile east of Ballantyne Lane on the south side of Floating
Feather Road at 1501 and 1601 West Floating Feather Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 20,2005.
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 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. Requests for agencies' reviews were transmitted on January
20, 2005, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
With the City's September 14, 2004, adoption of the Soaring 2025 Western Area Plan, the
subject site was changed from a Residential One designation to Transitional Residential
designation, allowing for an overall development density of up to one-unit per acre.
E.
COMPANION APPLICATIONS: none
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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 One (up to A (Agricultural) Single-family dwelling
one dwelling units per & Pasture
acre maximum) &
Transitional Residential
(up to one dwelling unit
per acre maximum)
Proposed Transitional Residential R-I-DA (Residential with Residential Subdivision
(up to two dwelling Development Agreement) & R-3-
units per acre DA (Residential with
maximum) Development Agreement)
North of site Transitional Residential R-E (Residential-Estates) Single-family dwelling
(up to one dwelling unit & Pasture
per acre maximum)
South of site Residential One (up to A-R (Agricultural-Residential) Baker's Acres
one dwelling units per Subdivision
acre maximum)
East of site Residential One (up to R-l (Residential) Downing Downs
one dwelling units per Subdivision
acre maximum)
West of site Residential One (up to R-E (Residential-Estates) Single-family dwellings
one dwelling units per
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 47.8-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The letter submitted by the applicant and date stamped by the City on January 20, 2005, is
incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant has provided a copy of a proposed development agreement, of which the
conditions are included for review below under Staff Analysis Section "C".
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The Eagle Fire Department states that development plans must be designed with certain
conditions prior to approval. The Eagle Sewer District states that the property will need to
be annexed into the District's service area and construction drawings reviewed by the
District and the Idaho Department of Environmental Quality prior to connection to sewer
service. United Water states that a portion of this site (the proposed R-I zone) is within its
service area; the remainder of the site is located within the Eagle Water Company
boundary.
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L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the rezone of the property would not create any
noncompliance with any provisions of the Eagle City Code.
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:
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Joint School District No.2
United Water
O.
LETTERS FROM THE PUBLIC:
Letter from Mike Malterre, 1795 West Floating Feather Road, Eagle, ill 83616, date
stamped by the City on February 28, 2005.
Letter from Laurie K. Campbell, 1023 Pimlico Drive, Eagle, ill 83616, date stamped by
the City on March 1, 2005.
Letter from Harold Edwards, 865 Preakness Drive, Eagle, ill 83616, date stamped by the
City on March 3,2005.
P.
APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The letter submitted by the applicant and date stamped by the City on January 20, 2005, is
incorporated herein by reference.
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 Transitional
Residential and is located within the Eagle Middle School Planning Area which allows an
overall density of up to one dwelling unit per acre.
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of 2
shows a possible future road connection extending through this site from Floating Feather
Road to State Street.
.
Chapter 1 - 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.
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b. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
h. a unique community that maintains its rural residential feel in the midst of the
Treasure Valley.
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.
6.6
Objectives
b. To encourage development with decreasing density radiating out from the
CBD as shown on the Land Use Map
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.
f.
Higher density residential development should be located closest to the
Central Business District (CBD) as shown on the Comprehensive Plan Land
Use Map
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Chapter 9 - Parks, Recreation and Open Spaces
9.5
Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.2
Objectives
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
g. Improve/provide access to greenbelt/pathway east of Eagle Road on the
south side of the North Channel of the Boise River.
9.6
Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood
ways, drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
Chapter 12 - Community Design
12.4
Implementation Strategies
1.
Buffer and transition zones should be developed between conflicting types of
land use.
q. Maintain the rural residential character and open space environment in and
around the City.
Chapter 13 - Implementation
13.5
Comprehensive Plan Amendments
From time to time, changing conditions will result in a need for comprehensive
plan amendments.
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The Land Use Planning Act provides for amendment to the Comprehensive Plan.
The City Councilor any group or person may petition the City Planning and
Zoning Commission for a plan amendment at any time. On its own initiative, the
City Planning and Zoning Commission may also originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
recommend amendments to the Comprehensive Plan to the City Council not more
frequently than every six (6) months; however text amendments may be
recommended at any time.
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.
SOARING 2025 WESTERN AREA PLAN PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter 6
Land Use
6.4 J
Eagle Middle School Planning Area
During the public visioning process, the densities around the Eagle Middle School
site were reviewed and an increase in residential density was recommended.
Though these changes are not contained within the Western Planning Area the
ultimate development densities in this area will have impacts on the expansion of
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the City water system.
6.4J.l Uses
The land use designation in the Eagle Middle School Planning Area is
Transitional Residential, with an overall density for the area to be I-unit per acre
with a mix of open space combined with smaller lots located adjacent to the
school site transitioning to compatible lot sizes and scaling adjacent to the large
lots at the perimeter of the area.
6.4J.2 Access
Access to the area should focus on new internal linkages.
Proper setbacks and berming should be used to protect the arterials, from
increasing residential uses.
6.4J.3 Design
Overall residential density of the area shall be 1 unit per acre transitioning into
clustered and/or compatible lots adjacent to existing subdivisions at the perimeter.
Development in the Eagle Middle School Planning Area shall be submitted as a
planed unit development and/or development agreement.
Open space and trails should be developed through out the development providing
connectivity to the school site.
All uses shall be setbacks from streams, irrigation and drains for trails and open
space;
Use of transitional lot sizes and clustering when new development abuts existing
subdivisions, business and office uses.
The City would like to acquire approximately 15 acres of park land and/or
flood way protection areas for Dry Creek northwest of the intersection of Floating
Feather Road and Eagle Road.
6.4J.4 Issues
The main concerns in the development of the area are the integration of lot sizes
and housing styles. The vision for the area is contingent on the integration of uses
and providing a flow of housing units throughout the area to avoid creating
defined separation from estate areas and moderate density area, for example.
Further the flow and provision of open space and trails through the area should be
key to development approval of the area. Special concern shall be made for the
Dry Creek floodway and floodplain to limit uses that are not consistent with the
delicate nature of these areas
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B.
c.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
DISCUSSION:
.
The subject property is currently zoned A (Agricultural) with a Comprehensive Plan
designation of Transitional Residential within the Eagle Middle School Planning Area which
allows for a density of up to one unit per acre.
The applicant is requesting a Comprehensive Plan text amendment to increase the density
allowed for the subject site from an overall density of one-unit per acre to two-units per acre
and a rezone of the property from A (Agriculture) to R-l and R-3. The following text as
shown within the Comprehensive Plan describes, in part, the Eagle Middle School Planning
Area (underline text is proposed by the applicant to be added):
.
.
'The land use designation in the Eagle Middle School Planning Area is Transitional
Residential, with an overall density for the area north of Floating Feather Road to be 1-
unit per acre with a mix of open space combined with smaller lots located adjacent to the
school site transitioning to compatible lot sizes and scaling adjacent to the large lots at the
perimeter of the area. The overall density for the area south of Floating Feather Road is to
be 2-units per acre with a mix of open space combined with smaller lots transitioning to
compatible lot sizes and scaling adjacent to the large lots at the perimeter.
Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3))
within the 2000 Comprehensive Plan the applicant must show, "the condition or situation
which warrants a change being made in the plan." The applicant's justification letter states
that, "The property cannot be developed as proposed without a change in the density as
requested herein. With the property layout submitted as a part of this comprehensive plan
change, the objectives for a higher density expressed by the property owners and City
Engineer can be reasonably accomplished and approved by the City." During the recent
visioning sessions (and subsequent adoption) pertaining to the Soaring 2025 Western Area
Plan, densities greater than I-unit per two-acres were discussed with regard to the properties
north of Floating Feather Road and particularly the area around the Eagle Middle School
(EMS). This provision was recognized, in part, with the change of the area around EMS from
a Comprehensive Plan land use designation of Residential-Estates (up to one unit per two-
acres) to Transitional Residential to allow the transition from larger sized lots on the perimeter
of a development to smaller lots within the interior while maintaining an overall density of
one-unit per acre. Further, while the area around EMS may have been considered for densities
of up to 3-units per acre, the Council determined that the subject area should be developed
with transitional lot sizes, and a density not to exceed one-unit per acre.
.
The question remains to be addressed; what condition or situation exists that warrants a
change in the plan? Since the Comprehensive Plan amendments (and the Soaring 2025 Plan)
were approved in September 2004, no new services have been extended to the area. No major
land use changes have occurred that would point to a variation in the planning for the area.
And, if any new vehicle traffic to the area has occurred, this certainly would not suggest a
justification to increase the maximum density allowed for the EMS planning area. In staffs
opinion, there has been no situation or new trend established (nor shown by the applicant) that
would otherwise justify a change to the plan.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to
identify "the public benefit that would occur from such a change in the plan." The applicant's
justification letter states that this change to the plan would provide more home sites close to
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.
the Central Business District to aid the pedestrian and commercial environment; provide a
greater blend of lot types and sizes; a more cost effective use of infrastructure; an increased tax
base, and; more children within walking distance of the Middle School. Staff concurs that
these goals are beneficial to the public if they are achieved in an appropriate manner. The
existing character of the City (especially the rural aspect) is a value that has been, and
continues to be, expressed as a vital ideal to be upheld. A high quality of life and livability is
a major reason as to why people desire to live in the area. It may be considered that the
compatibility of a new development within an established area is a factor that is more
significant than the rewards reaped from the applicant's suggested benefits. This was
addressed with the "transitional" element of the plan; to move from larger sized lots on the
perimeter of a development to smaller lots within the interior and recognizing that adjacent
properties with slight density differences can coexist.
Again, while the applicant's proposed benefits are worthy of consideration, it does not mean
that the proposed density of two-units per acre on the subject property is the only means to
realize those benefits; a one-unit per acre development will achieve similar results. To allow a
density higher than one-unit per acre within this residential area would change the character of
the area (and be of less benefit) that the residents have come to expect as vital to the
enjoyment of their property.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5)) asks for
"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". The
applicant's justification letter states, again, that the property cannot be developed as proposed
without a change in the density as requested. This statement does not address the point that
the site is eligible to be developed at one unit per acre with varied lot sizes (larger on the
perimeter, small on the interior) in accordance with the Comprehensive Plan. Declaring the
property cannot be developed as proposed with the current zoning is akin to "putting a square
peg into a round hole". As has been stated in previous staff reports, the development must fit
the property, rather than the property being made to fit the development. It is true that the
property cannot be developed as proposed because the current zoning and comprehensive plan
land use designation (no more than one-unit per acre) have been determined to be the most
compatible and suitable for the site based on the existing land uses and character of the
surrounding area. It has not been shown that it is to difficult to develop the site at one-unit
per acre and that the only solution is to increase the density allowed to two-units per acre.
.
A Development Agreement and concept plan (preliminary plat) has been proposed by the
applicant to guide the development of the project. At this time, staff recommends that the
proposed development agreement and concept plan not be considered since the documents do
not comply with the current zoning nor goals and objectives of the Comprehensive Plan.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends denial of the requested
comprehensive plan amendment and rezone with development agreement.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March 7,
2005, at which time the public hearing was closed. The Commission made their recommendation at
that time.
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B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by eighteen (18) individuals who felt that the proposed density of two-units per acre on the subject site
was incompatible with the existing uses, there would be an increase in traffic resulting from the
development of the property, there would be an increase in the student enrollment in the already
overcrowded schools, the already low water table would be negatively effected, that the current
comprehensive plan should be adhered to, and that no adequate justification has been provided to
warrant a change to the plan.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicant/representative) who felt the proposed subdivision plan for the
parcel was well thought out and that the new dwellings would increase property values in the area.
D. A petition signed by one hundred four (104) individuals was presented to the Planning and Zoning
Commission which stated that the signers want the subject area to remain at an overall density of no
more than one unit per acre.
COMMISSION DECISION:
The Commission voted 4 to 0 (Aspitarte absent) to recommend denial ofCPA-3-05 & RZ-3-05 for
a comprehensive plan text amendment and rezone for Hillview Development Corporation.
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on January 20, 2005.
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 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. Requests for agencies' reviews
were transmitted on January 20,2005, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan
txt amendment (CPA-3-05) and rezone (RZ-3-05) and based upon the information provided concludes
that the proposed comprehensive plan amendment and rezone are not in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
The proposed density of two-units per acre for the subject site is not compatible with the current land
uses in the area and the one-unit per acre designation has been determined to be the most compatible
and suitable for the site based on the existing land uses and character of the surrounding area. There
has been no situation or new trend shown to exist by the applicant that would justify a change to the
plan, nor exhibited that the only solution to any perceived situation is to increase the density allowed to
two-units per acre. The Commission requests that the Council recognize all the hard work and input
contributed by citizens, officials, and staff to create the comprehensive plan, and to maintain the goals,
objectives and direction of the plan when considering any development of the subject property.
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DATED this 21st day of March 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ad~hA
PhiIHp J. Bandy. Chai~
t1
J
ATTEST:
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