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Findings - PZ - 2005 - RZ-16-05 - Rz From A-R To R2-Da/.65 Acre2139 N Edgewood Road ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR REZONE FROM A-R (AGRlCUL TURAL- ) RESIDENTIAL) TO R-2-DA (RESIDENTIAL- ) TWO DWELLING UNITS/ACRE WITH A ) DEVELOPMENT AGREEMENT) FOR ) BEVERLY GROSS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-16-05 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on September 19, 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: Beverly Gross, represented by Charlene Quade with Richard Cummins Law Offices, is requesting approval of a rezone from A-R (Agricultural-Residential) to R-2-DA (Residential-two units per acre) with development agreement. The .65 acre site is located in the southeast comer of Lot 6, Block 3, of Rocket Bar Subdivision at 2139 North Edgewood Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on August 11, 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 August 29, 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 August 24,2005. Requests for agencies' reviews were transmitted on August 12, 2005 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (none) E. COMPANION APPLICATIONS: LS-04-05 (Lot Split - Lot 6, Block 3, Rocket Bar Subdivision) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Page 1 of6 K:\Planning Dept\Eagle Applications\RZ&A\2005\RZ-16-0S pzfdoc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (up to two A-R (Agricultural-Residential) Single-family dwelling dwelling unit per acre) (Rocket Bar Subdivision) Proposed No Change R-2-DA (Residential-two units Single-family dwelling per acre) with development agreement. North of site Floodway A-R (Agricultural-Residential) Single-family dwelling (Rocket Bar Subdivision) South of site Residential Two (up to two R-2-DA-P (Residential-Two Single-family dwellings dwelling unit per acre) units per acre) with (Brookwood No.9) development agreement PUD East of site Residential Three (up to R-l (Residential- one unit per Single-family dwelling three dwelling unit per acre) (Lexington on the Rim) acre) West of site Floodway A-R (Agricultural-Residential) Single-family dwelling (Rocket Bar Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. TOTAL ACREAGE OF SITE: .65-acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See attached justification letter date stamped by the City on August 11, 2005, provided by the applicant's representative. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): The City is requesting a development agreement to ensure the development of the property is consistent with the Comprehensive plan and vision of the City of Eagle. K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: A preliminary approval letter from the Central District Health Department has been received indicating they would not have any objection if the .65 acre site is to be served by central sewer. The Eagle Sewer District states that the subject property would need to be annexed into the District's service boundaries, and construction drawings approved, to obtain central sewer service. A letter from the water utility that provides service to the site will be required prior to the issuance of any building permits on the site. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. NON-CONFORMING USES: None apparent on the site. Page 2 0[6 K:\Planning Dept\Eagle Applicalions\RZ&A\200S\RZ-16+05 pzfdoc 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 Chevron Pipeline Department of Environmental Quality Eagle Fire Department Eagle Sewer District Farmers Union Ditch Company O. LETTERS FROM THE PUBLIC: None received to date. ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. 2000 CITY OF EAGLE COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map (2000 Comprehensive Plan amended 09-14-04) designates this site as: Residential Two Suitable primarily for single family residential development within areas that are rural in character. Chapter 1 - Overview 1.1City of Eagle Statement of Purpose The purpose of the Eagle Comprehensive Plan is to promote the health, safety, and general welfare of the people of the City of Eagle and its Impact Area as follows: b. To ensure that adequate public facilities and services are provided to the people at reasonable cost. d. To ensure that the important environmental features of the City and its Impact Area are protected and enhanced. g. To ensure that the development of land is commensurate with the physical characteristics of the land. h. To protect life and property in areas subject to natural hazards and disasters. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None C. DISCUSSION: . The proposed rezone is to facilitate a concurrent lot split. Though the existing parcel is eligible for the lot split staff has concerns regarding access and services for the parcel to be created as a result ofthe rezone. Page 3 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2005\RZ-16-05 pzrdoc . In order to ensure the appropriate development of the site, staff has recommended the following conditions to be placed within a development agreement: 2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") represents an example ofthe Applicant's current concept for the site and understands and agrees that changes in that concept may occur. The Applicant also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.2 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. 2.3 Prior to the City Clerk signing the lot split record of survey, public sewer and water shall be provided to the proposed lot. 2.4 Provide an easement agreement for ingress/egress allowing for access and utilities to be provided to the proposed lot. This agreement shall be recorded and the instrument number noted on the lot split record of survey, prior to the City Clerk signing the lot split record of survey. 2.5 The site shall become annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions, prior to the City Clerk signing the lot split record of survey. . 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-2-DA (up to two units per acre) with development agreement is equal to the up to two units per acre allowed in the Residential Two 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-2-DA (up to two units per acre) with development agreement is compatible with the R-2-DA-P (Residential with a development agreement (limiting density to two dwelling units per acre) and PUD) zone to the south since that site is currently a residential subdivision and developed with similar residential densities as it is shown at two or fewer dwelling units per acre per the Comprehensive Plan Land Use Map; d. The proposed R-2-DA (up to two units per acre) with development agreement is compatible with the R-l (Residential- up to one unit per one acre) zone to the west since that site is currently developed as a subdivision consistent with the R-l zoning designation; e. The proposed R-2-DA (up to two units per acre) with development agreement is compatible with the A-R (Agricultural-Residential) zoning designations to the north and east since this area is on a ridge above the adjacent lots and is buffered by Dry Creek; f. 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. Page 4 of6 K:\Planning Dept\Eagle Applications\RZ&A \2005\RZ-16-0S pzfdoc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 19, 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 one (1) individual (other than the applicant/representative) who indicated he was in favor of the rezone. If a rezone were approved a lot split could occur allowing him to purchase the newly created parcel to utilize as additional backyard for his residence. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. 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. One individual was concerned a rezone of this property would set precedence for future rezones of property within Rocket Bar Subdivision. One individual had no objection and stated the only access to this portion of the Gross property is through the Elledge's parcel located at 2095 Greenview Court. COMMISSION DECISION: The Commission voted 4 to 0 (Marks absent) to recommend approval ofRZ-16-05 for rezone with a development agreement from A-R (Agricultural-Residential) to R-2-DA (Residential two dwelling unit/acre) for Beverly Gross with the following staff recommended conditions to be placed within a development agreement. 2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") represents an example of the Applicant's current concept for the site and understands and agrees that changes in that concept may occur. The Applicant also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.2 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. 2.3 Prior to the City Clerk signing the lot split record of survey, public sewer and water shall be provided to the proposed lot. 2.4 Provide an easement agreement for ingress/egress allowing for access and utilities to be provided to the proposed lot. This agreement shall be recorded and the instrument number noted on the lot split record of survey, prior to the City Clerk signing the lot split record of survey. 2.5 The site shall become annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions, prior to the City Clerk signing the lot split record of survey. Page 5 0[6 K\Planning Dept\Eagle Applications\RZ&A\2005\RZ.16-05 pzfdoc CONCLUSIONS OF LAW: I. The application for this item was received by the City of Eagle on August 11, 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 August 29, 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 August 24, 2005. Requests for agencies' reviews were transmitted on August 12, 2005 in accordance with the requirements ofthe Eagle City Code. 3. The Commission 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-2-DA (up to two units per acre) with development agreement is equal to the up to two units per acre allowed in the Residential Two 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-2-DA (up to two units per acre) with development agreement is compatible with the R-2-DA-P (Residential with a development agreement (limiting density to two dwelling units per acre) and PUD) zone to the south since that site is currently a residential subdivision and developed with similar residential densities as it is shown at two or fewer dwelling units per acre per the Comprehensive Plan Land Use Map; d. The proposed R-2-DA (up to two units per acre) with development agreement is compatible with the R-l (Residential- up to one unit per one acre) zone to the west since that site is currently developed as a subdivision consistent with the R-l zoning designation; e. The proposed R-2-DA (up to two units per acre) with development agreement is compatible with the A-R (Agricultural-Residential) zoning designations to the north and east since this area is on a ridge above the adjacent lots and is buffered by Dry Creek; f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; DATED this 3rd day of October 2005. Page 6 0[6 ..',........... ,...' "'l 0 F ~ ....., /~''\ ......~O "" i "o"PO.<1 ..~:(~ .... :.... ~ ~ i ~-.-i'" 5 . ~ Sr> >>: . \ 11'.. "c.o cAL ,," i .. r> .!"o ~ ," .. '."1 /'6' ..~~ ~o ,.., ..... OF 11>" 9.# .. . --<A' ............... ----, i ATTEST: 1~ (~O ~ ~~'-(j~ '-Sharon "K. Bergmann, Eagle City Clerk K:\Planning Dept\Eagle Applications\RZ&A\2005\RZ-16-05 pzrdoc Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into on the date indicated herein by and between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and through its Mayor, and Beverly Gross. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 2139 North Edgewood Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZ-16-05; and WHEREAS, the proposed development includes property within an area currently zoned A-R (Agricultural-Residential District); and WHEREAS, the Owner desires an R-2-DA (Residential Two with Development Agreement) zoning classification to develop a single family residential development on the above described property, which is herein referred to as the "Property"; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of the proposed use upon the Property must be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to an R-2-DA (Residential Page 1 0[6 RZ-16-0S da pz version Two with Development Agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Owner has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY 1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the subject ofthe application to an R-2-DA (Residential Two with Development Agreement) zoning designation, after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE II CONDITIONS OF DEVELOPMENT 2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") represents an example of the Applicant's current concept for the site and understands and agrees that changes in that concept may occur. The Applicant also understands and agrees that any changes regarding development ofthe site must be in conformance with the "Conditions of Development" stated herein. 2.2 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. 2.3 Prior to the City Clerk signing the lot split record of survey, public sewer and water shall be provided to the proposed lot. 2.4 Provide an easement agreement for ingress/egress allowing for access and utilities to be provided to the proposed lot. This agreement shall be recorded and the instrument number noted on the lot split record of survey, prior to the City Clerk signing the lot split record of survey. 2.5 The site shall become annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions. Page 2 0[6 RZ-16-05 da pz version ARTICLE III AFFIDAVIT OF PROPERTY OWNERS 3.1 An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE IV DEFAULT 4.1 In the event the Owner fails to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8- 10-1. 4.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. ARTICLE V UNENFORCEABLE PROVISIONS 5.1 If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall terminate and the zoning of the property shall revert to the A-R (Agricultural- Residential District) zoning designation unless the portion ofthis instrument determined to be invalid or unenforceable is re-negotiated in good faith between the Owner (or other appropriate party) and Eagle as an amendment to the Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. ARTICLE VI ASSIGNMENT AND TRANSFER 6.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Owner. Each commitment and restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on the Owner and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and Page 30[6 RZ-16-05 da pz version assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VII GENERAL MATTERS 7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions ofIdaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws ofthe State ofIdaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 7.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below; Eagle: City of Eagle 310 E. State St. Eagle, Idaho 83616 Owner: Beverly Gross 2139 Edgewood Road Eagle, Idaho 83616 Page 4 of6 RZ-16-05 da pz version Or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt ifbypersonal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty- four (24) hours after timely deposit with a reputable overnight delivery service. 7.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 7.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-years after the Effective Date, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this _ day of ,2005. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: Nancy C. Merrill, Mayor ATTEST: Sharon Bergman, City Clerk DATED this _ day of ,2005. By: (Owner) STATE OF IDAHO ) : ss. County of Ada) On this _ day of ,2005, before the undersigned notary public in and for the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged to me that said City executed the same. Page 5 0[6 RZ-16-05 da pz version IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) : ss. County of Ada) On this _ day of , 2005, before the undersigned notary public in and for the said state, personally appeared , known or identified to me to be the owner ofthe property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: Page 6 0[6 RZ-16-05 da pz version