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Findings - PZ - 2005 - RZ-17-05 - Rz From R-3 To R-4-Da/6.92 Acre/2511 E Hill Road ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) REZONE FROM R-3 (RESIDENTIAL THREE UP ) TO THREE UNITS PER ACRE) TO R-4-DA ) (RESIDENTIAL FOUR UP TO FOUR UNITS PER ) ACRE WITH A DEVELOPMENT AGREEMENT) ) FOR GEMSTAR DEVELOPMENT, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-17-05 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on November 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: Gemstar Development, LLC, is requesting a rezone from R-3 (Residential Three - three units per acre) to R-4-DA (Residential Four - four units per acre with a Development Agreement). The 6.92-acre site is located on the south side of East Hill Road approximately l,lOO-feet west of State Highway 55 at 2511 East Hill Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on September 8, 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 September 26,2005. 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 September 28,2005. Requests for agencies' reviews were transmitted on September 14, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: PP-12-05 (Gladstone Subdivision) Page 1 of 6 K:\Pluuning Dept\Eugk Applications\RZ&A\2005\RZ-17-05 pzrdor.: F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Residential Three R-3 (Residential) Non-conforming use/pasture Proposed No Change R-4-DA (Residential with Residential Subdivision development agreement) North of Residential Three R-3 (Residential) Single family residential site South of Residential Four R-4 (Residential) Great Sky Subdivision site East of site Mixed Use MU (mixed use) Officelresidential West of site Residential Four R-4 (Residential) Chaumont Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 6.92-acres I. APPLICANT' S STATEMENT OF JUSTIFICATION FOR THE REZONE: See attached justification letter date stamped by the City on September 8, 2005, provided by the applicant's representative. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): See attached justification letter date stamped by the City on September 8, 2005, provided by the applicant's representative. K. A V AILABllJTY AND ADEQUACY OF UTILITIES AND SERVICES: Sewer and water will be provided by Eagle Sewer District and Eagle Water Company (respectively) through the extension of an existing sewer main and water main. 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. Comments, which appear to be of special concern, are noted below: Central District Health Department Department of Environmental Quality Page 2 of 6 K:\PlailIling Dt:pt\Eagle Applicutions\RZ&A \2005\RZ-17-Q5 pzf.doc O. LETTERS FROM THE PUBLIC: None received to date. ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Residential Three, suitable primarily for single-family residential development within an urbanized setting. Residential density of up to three dwelling unit per acre may be considered by the City for this area. Chapter 8 Transportation 8.3.0 City of Eagle Functional Pathway Classifications An effective pathway system should include a combination of Paths and Lanes. The City of Eagle TransportationlPathway Network Maps # I and #2 illustrates the various classifications and locations which are included in the pathway system and described as follows: 8.3.1 Paths Location: Paths could be located on corridors separated from roadways such as utility easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located along roadway right-of-ways and would usually be separated from vehicle travel lanes and the paved section of the roadway by a median or sidewalk. 8.6 Implementation Strategies r. Encourage planning of local roadway systems which will provide for intra- neighborhood connectivity. The connection roadways should be designed to not become collectors and to discourage traffic from cutting through neighborhoods to go from a collector or arterial to another collector or arterial. Such intra-neighborhood connectivity is for emergency and delivery vehicles and for local intra-neighborhood access. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None C. DISCUSSION: . The proposed development provides lots ranging from 8,050-square feet to 17,325-square feet in size. This will be compatible with the existing developments (Chaumont and Great Sky Subdivisions) to the west and south of this development. The applicant is requesting an R-4 zoning designation to accommodate the smallest lot size being created; however, the development agreement associated with the rezone for this site will limit the density of the entire development to 2.46-units per acre. All lots meet the minimum lot size in the R-4 zone; 8,000 square feet (smallest lot is 8,050). . 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-4-DA (two and forty six hundredths (2.46) Page 3 of 6 K:\PhulIling Dept\Eagle Appliclltions\RZ&A\2005\RZ-17-05 pzf.Joc dwelling units per acre maximum) is less then the three units per acre maximum allowed in the Residential Three 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-4-DA zone (two and forty six hundredths (2.46) dwelling units per acre maximum) is compatible with the R-4 (four dwelling units per acre) zone to the south; d. The proposed R-4-DA zone (two and forty six hundredths (2.46) dwelling units per acre maximum) is compatible with the R-4 (four dwelling units per acre) zone to the west; e. The proposed R-4-DA zone (two and forty six hundredths (2.46) dwelling units per acre maximum) is compatible with the MU-DA (mixed use with development agreement) zone to the east; f. The proposed R-4-DA zone (two and forty six hundredths (2.46) dwelling units per acre maximum) is compatible with the proposed R-l (one dwelling unit per acre) zone 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 annexation and rezone upon annexation into the Eagle Sewer District central sewer service area. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on November 8, 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 four (4) individuals who expressed concerns about the compatibility of this development with the surrounding area and lifestyles; and the impact this development will have on the public roads within the adjacent developments. C. Written testimony in opposition to this proposal was presented to the Planning and Zoning Commission by one (1) petition from Chaumont Subdivision regarding the increased traffic through Chaumont Subdivision and Great Sky Estates Subdivision and the compatibility of this development with the surround area and lifestyles. COMMISSION DECISION: The Commission voted 4 to 0 (Lien absent) to recommend approval of RZ-17-05 for a rezone from R- 3 (Residential Three - up to three units per acre) to R-4-DA (Residential Four - up to four units per acre with development agreement) for Gemstar Development, LLC, with the following staff recommended conditions to be placed within a development agreement with strikethrough text to be deleted by the Commission and underlined text to be added by the Commission: 2.1 The maximum overall density of the property shall be 2.46-dwelling units per acre (17 single family units). 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 The Concept Plan represents the Owner's current concept for completion of the project. Page 4 of 6 K:\Planning Dept\Eaglt: Applicatiom.\RZ&A\2005\RZ-17-05 pzrdoc 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 change in the Concept Plan, notice shall be provided as may be required by the City. 2.4 The development shall be designed to provide for eight foot (8') wide planter strips adjacent to all interior streets. 2.5 The development shall provide berming along East Hill Road in accordance with Eagle City Code Section 8-2A-7(J)(4)(a) or an Alternative Method of Compliance Application shall be submitted for review. 2.6 The applicant shall remove all structures from the site prior to the issuance of any building permits for the site. Demolition permits shall be obtained prior to the removal of said buildings. 2.7 The apfllieaflt shall Elstain a EicffiEllition flermit fur the removal Elf an)' struetHres f.rElm the site, 2.2& The Property shall have no direct access to East Hill Road. 2.119 If the applicant receives approval for a +fte five foot (5') wide pathway along the New Dry Creek Canal iLshall be maintained by the Home Owners Association of the subject development. 2.2.WThe banks of the New Dry Creek Canal shall be maintained free of weeds and debris by the Home Owners Association of the subject development. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on September 8, 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 September 26, 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 September 28,2005. Requests for agencies' reviews were transmitted on September 14, 2005, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-17 -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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-4-DA (two and forty six hundredths (2.46) dwelling units per acre maximum) is less then the three units per acre maximum allowed in the Residential Three area as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities Page 5 of 6 K:\Plunning Depl\Eagle App\ll;aliolls\RZ&A\2005\RZ-17-05 pzfJoc 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-4-DA zone (two and forty six hundredths (2.46) dwelling units per acre maximum) is compatible with the R-4 (four dwelling units per acre) zone to the south; d. The proposed R-4-DA zone (two and forty six hundredths (2.46) dwelling units per acre maximum) is compatible with the R-4 (four dwelling units per acre) zone to the west; e. The proposed R-4-DA zone (two and forty six hundredths (2.46) dwelling units per acre maximum) is compatible with the MU-DA (mixed use with development agreement) zone to the east; f. The proposed R-4-DA zone (two and forty six hundredths (2.46) dwelling units per acre maximum) is compatible with the proposed R-l (one dwelling unit per acre) zone 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; DATED this 21st day of November 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE ty, Idaho ATTEST: ",.............. .......... "{ OF 8 .... ~.. ,. ,'t ........."" 0 ". ~ v.. . ".; -. I ,. ",POll ...'-~ ~ = I cP ...,)> \ ~ E. ~, ': . : -.- io : : \... S * : ~ I/> \~ BAL ,," i ~ .."., _.0... ,- ~ ~.... ..,)- ..~.~~n~ ~O.l ........ l:! OF U>... ",," I., ,., I',......", Page 6 of 6 K:\Plul.llling Dept\Eagk: Applicutiolls\RZ&A\2005\RZ-17-05 pzf.Joc