Findings - CC - 2005 - RZ-09-05 - Rz From A To R1-Da/47.8 Acre/1501&1601 W Floating Feather Rd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR REZONE FROM A (AGRICULTURE)
TO R-I-DA (RESIDENTIAL-ONE DWELLING
)
)
)
UNIT/ACRE WITH A DEVELOPMENT )
AGREEMENT) FOR HILLVIEW DEVELOPMENT)
CORPORATION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-09-05
The above-entitled rezone application came before the Eagle City Council for their action on August 9,
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:
Hillview Development Corporation, represented by Land Consultants Inc., is requesting a
rezone from A (Agriculture) to R-I-DA (Residential- up to one dwelling unit per acre)
with a development agreement. The 47.8-acre site is located approximately one-quarter mile
east of Ballantyne Lane, on the south side of W. Floating Feather Road at 150 I & 1601 W.
Floating Feather Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 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 June 20, 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 June 13, 2005. Requests for agencies' reviews were transmitted on May 23,
2005, 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 July 25, 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 July 15, 2005.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 19, 2005 the City Council denied a proposed comprehensive plan text
amendment (CPA-3-05) to change the Transitional Residential designation in the area to
allow for two-units/acre south of Floating Feather Road and rezone (RZ-3-05) to change
the zoning to R-2-DA (two-units/acre with a development agreement) concluding that the
proposed comprehensive plan amendment and rezone were not in accordance with the
City of Eagle Comprehensive Plan and established goals and objectives. The applicant
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withdrew their application for a Preliminary Plat (PP-2-05) after the City Council's denial
of the rezone and the Comprehensive Plan text amendment.
E. COMPANION APPLICATIONS: PP-8-05 (Covenant Hill Subdivision)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential A-(Agriculture) Single Family Dwelling;
Pasture
Proposed Transitional Residential R-I-DA (Residential-One Residential Subdivision
unit/acre with
development agreement)
North of Transitional Residential R-E (Residential-Estates) Single Family Dwelling;
site Pasture
South of Residential One (up to A-R (Agriculture- Single Family
site one dwelling unit per Residential) Residential (Bakers
acre) Acres Subdivision)
East of site Residential One (up to R-I (Residential-One Single Family
one dwelling unit per dwelling unit/acre) Residential (Downing
acre) Downs Subdivision)
West of site Residential One (up to R-E (Residential-Estates) Single Family Dwelling
one dwelling unit per
acre)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 47.8-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter date stamped by the City on May 20, 2005, provided by the
applicant's representative is attached to the staff report and is incorporated herein by
reference.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The justification letter date stamped by the City on May 20, 2005, provided by the
applicant's representative is attached to the staff report and is incorporated herein by
reference.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Sewer will be provided by Eagle Sewer District through the extension of an existing sewer
main. Centralized water service will be provided by Eagle Water Company.
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L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES: None known to exist
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Central District Health Department
Chevron Pipeline
Eagle Sewer District
Farmer's Union Ditch Company
Idaho Department of Environmental Quality
Idaho Power
O. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSNE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Transitional Residential - Residential development that provides for a transition of
density within the planning area while keeping in context the density, scaling and lot sizes
of existing or proposed uses. Commonly requires changes in lot dimensions and scaling,
see specific planning area text for a complete description.
. The "Soaring 2025", Western Area Plan also designates this area as being in the Eagle
Middle School Planning Area.
AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 14,2004
Chapter I - Overview
1.1 City of Eagle Statement of Purpose
b. To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
e. To encourage urban and urban-type development within the incorporated city.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
1.3 The City of Eagle Vision Statement
b. interconnected with user-friendly pathways and roadways;
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e. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
C. DISCUSSION:
· Staff believes that a R-I-DA (Residential-one unit per acre with/development agreement)
zoning designation for this site is appropriate since the parcel is designated Residential
Transitional as shown on the City of Eagle 2000 Comprehensive Plan Land Use Plan. The
Residential Transitional area provides for keeping in context the density of the existing uses,
due to the land to the east is zoned R-I and has been developed with residential uses that are
similar and compatible to the residential lots permitted within the R-I zone as requested with
this application. In addition, this site is compatible with the site to the west since the parcel
bordering the property is currently zone R-E (Residential-Estates) and the property to the west
of that at the comer of Floating Feather and Ballantyne roads is currently zoned R-l.
· 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-I (one unit per acre maximum) is equal to the one
unit per acre maximum allowed in the Transitional Residential area 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-I zone (one unit per acre maximum) is compatible with the A-R
(Agricultural Residential) zone to the south since that site is currently a large lot
subdivision 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;
d. The proposed R-I zone (one unit per acre maximum) is compatible with the R-E
(Residential-Estates one unit per two acres maximum) zone to the west;
e. The proposed R-I zone (one unit per acre maximum) is compatible with the R-I (one unit
per acre maximum) zone to the east since that site is currently developed as a subdivision
consistent with the R-I zoning designation;
f. The proposed R-I zone (one unit per acre maximum) is compatible with the proposed R-
3-DA (Residential 1.15 unit per acre with development agreement) zoning designations
and proposed lots to the north;
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 a development agreement with conditions noted within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 5,
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 favor of this proposal was presented to the Planning and Zoning Commission by
three (3) individuals (other than the applicant/representative) who felt the layout of the subdivision and
the placement of the sidewalk was consistent to other developments in the area. One of the individuals
was also supportive of the proposed fencing and wanted to see the pathway be installed on the south
side of the canal.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by seven (7) individuals. One (I) individual stated if the lot configuration was to be changed adjacent
to Downing Downs subdivision it would allow for more density to be placed in the center of the
development and then transition out to the larger lots on the perimeter of the development. Four (4)
individuals also indicated that the homes to be constructed on the proposed lots adjacent to Downing
Downs subdivision would be too close to the property lines and should only be allowed to be one story
in height. Three (3) individuals asked that CC&R's be put in place that would protect the rights of the
individuals living in Downing Downs subdivision to continue to have their livestock. One (I)
individual felt the property should remain zoned A (Agriculture). Four (4) individuals had concerns
regarding livestock issues in Downing Downs subdivision and the effects this development would
have on them.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by two (2) individuals who had questions regarding how the drainage from
irrigation in Downing Downs subdivision would be addressed through this subdivision. One (I)
individual had a concern regarding pathways next to the canal and advised the Commission that the
canal companies do not like pathways adjacent to canals. One (I) individual indicated he would
support a pathway on the north side of the canal. He would also like to see the entrance to the proposed
development (Covenant Hill) align with the driveway to the undeveloped parcel to the north so that
vehicular collisions could be avoided.
COMMISSION DECISION:
The Commission voted 4 to 0 (Bandy absent) to recommend approval of RZ-09-05 for rezone with
a development agreement from A (Agriculture) to R-I-DA (Residential one dwelling unit/acre
with development agreement) for Hillview Development Corporation with the conditions to be
placed within a development agreement as shown within their findings of facts and conclusions of
law document dated July 18,2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 9, 2005, at which time
testimony was taken and the public hearing was closed. The Council made their recommendation at
that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
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C. Oral testimony in opposition to this proposal was presented to the City Council by six (6) individuals.
Three (3) individuals indicated that the pump house for the pressurized irrigation is located adjacent to
the southern boundary line and were concerned with noise from the pump. Three (3) individuals were
concerned with the pond located in the southeast comer of the proposed subdivision and were
concerned about mosquitoes. Three (3) individuals with properties in Downing Downs Subdivision
adjacent to this development did not feel that enough buffering was being provided and requested that
the lots be deeper adjacent to their lots. One (I) individual had concerns regarding the street lighting
within the proposed subdivision and requested the lighting meet 'dark sky' style of lighting.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by three (3) individuals who asked that only single story homes be allowed adjacent to Downing
Downs Subdivision. One (I) individual had a concern regarding a pathway on the south side of the
canal and asked if this fits into the overall pathway plan. One (I) individual indicated the sidewalk
proposal is reasonable and although there are more car trips this goes with development.
COUNCIL DECISION:
The Council voted 2 to 0 (Sedlacek abstained, Nordstrom absent) to approve RZ-09-05 for a
rezone from A (Agriculture) to R-I-DA (Residential one dwelling unit/acre with development
agreement) for Hillview Development Corporation with the following Planning and Zoning
Commission recommended conditions to be placed within a development agreement with strike-
thrn text to be deleted by the Council and underline text to be added by the Council:
2.1 The maximum overall density of the property shall be one (I) dwelling unit per acre.
2.2 The Concept Plan represents the Owner's current concept for completion of the project. As the
Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If
the City determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community, a public hearing shall be held on any proposed changes in the
Concept Plan, notice shall be provided as may be required by the City.
2.3 The development shall be designed to provide for ten-foot planter strips adjacent to all interior streets.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time an
application is made and the conditions within this agreement shall be satisfied.
2.5 The applieaat shalllReet with the Parks ElfiE! Patflway DevelefllReRt COHlHiittee f-er a r-eeoHlHleRaatieR
regarE!iRg leeatieH af a flathwa-y ta the sellth sf the flroflsseE! E!e'lelafllReHt te meet tke gaals af Ckaflter 9 iH
the .^.meHaeE! 2000 CelBflrekeHsive PlaR, .^.E!epteE! Sefltemeer 14, 2004 Fegllf8iHg flatkways.
2.5 The residence to be constructed on Lot 11, Block L as indicated on the preliminarv plat submitted for
Covenant Hill Subdivision, date stamped bv the City on Julv 20. 2005, shall be limited to one-storv in
height (25-feet maximum height).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 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 June 20, 2005. Notice of this public hearing was mailed to property owners within
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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 June 13, 2005. Requests for agencies' reviews were
transmitted on May 23, 2005, 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 July 25, 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 July 15, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-09-05) 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-I-DA (one unit per acre maximum with development
agreement) is equal to the one unit per acre maximum allowed in the Transitional Residential area
as shown on the Comprehensive Plan Land Use Map and as depicted in the text for the Middle
School Planning 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
single-family dwelling units on this property under the proposed zone;
c. The proposed R-I-DA zone (one unit per acre maximum with development agreement) is
compatible with the A-R (Agricultural Residential) zone to the south since that site is currently a
large lot subdivision 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;
d. The proposed R-I-DA zone (one unit per acre maximum with development agreement) is
compatible with the R-E (Residential-Estates one unit per two acres maximum) zone to the west;
e. The proposed R-I-DA zone (one unit per acre maximum with development agreement) is
compatible with the R-I (one unit per acre maximum) zone to the east since that site is currently
developed as a subdivision consistent with the R-I zoning designation;
f. The proposed R-I-DA zone (one unit per acre maximum with development agreement) is
compatible with the proposed R-3-DA (Residential 1.15 unit per acre with development
agreement) zoning designations and proposed lots to the north;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan;
h. The existing detached accessory structure adjacent to Floating Feather Road, located on Lot 9,
Block 2, as shown on the preliminary plat date stamped by the City on July 20, 2005, is considered
a non-conforming use due to its encroachment into the front setback and location within the front
yard of the existing single-family dwelling. Due to the location of the existing single-family
dwelling, topographical constraints, existing trees, reduction in size of the parcel, and the
relocation of an additional detached accessory structure located within the proposed lot, the
relocation of the existing detached accessory structure adjacent to Floating Feather Road is not
required at this time.
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DATED this 13th day of September, 2005.
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/Sharon\K. Bergmann, Eagle City C erk
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