Findings - CC - 2005 - RZ-16-05 - Rz From Ar To R2-Da/.65 Acre/2139 N Edgewood Road
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR REZONE FROM A-R (AGRlCULTURAL- )
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 City Council for their action on October 25,
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:
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.
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 October 3, 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 29,
2005.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E. COMPANION APPLICATIONS:
LS-04-05 (Lot Split - Lot 6, Block 3, Rocket Bar Subdivision) Applicant has withdrawn
this application October 25, 2005.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on August 11, 2005, attached
to the staff report and incorporated herein by reference.
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. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approvalletter 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.
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M. NON-CONFORMING USES: None apparent on the site.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report.
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.
STAFF 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
1.1 City 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 of the rezone.
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. 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 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.
. 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 ofR-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;
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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.
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 recommended conditions to be placed within a
development agreement as shown within their findings of facts and conclusions of law document
dated October 3, 2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 25, 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 (other than the applicant/representative) was presented to the
City Council by an individual who owns the adjacent property to the east with an interest to purchase
the property to expand the existing backyard and possibly install a pool.
E. Oral testimony in opposition to this proposal was presented to the Eagle City Council by no one.
C. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by two (2) individuals. One (1) individual had a concern regarding the height of buildings to be
constructed on the property and asked that a condition be placed on the property to restrict the height
of buildings. One (1) individual representing the Lexington Hills Homeowner's Association indicated
that the Association was concerned on how irrigation water was going to be provided to the new
parcel.
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COUNCIL DECISION:
The Council voted 2 to 1 (Nordstrom against, Guerber absent) to approve RZ-16-05 for a rezone
from A-R (Agricultural-Residential) to R-2-DA (Residential two dwelling units/acre with
development agreement) for Beverly Gross. The Council directed staff that due to unique
conditions and topography ofthe site to allow for a Lot Line Adjustment and approve the rezone
with the following Planning and Zoning Commission recommended conditions to be placed within
a development agreement with strike-thru text to be deleted by the Council and underline text to be
added by the Council:
2.1 Eagle hereby aelffi07:leages that the attachee Site PlaH (Ellhibit ""\") represents aH
mlaHlflle ef the "^.pplieant's eUIrem eeneept f-er the site aHd understaHds aHa agrees that
ehaHges in that cOflcept may oeeur. The SpplieaHt alsEl lffiderstaHds ana agrees that any
chaRges regardiRg eeyelopment ef t.fle site ffilist be in eenfermaRee with the "Cenaitions
of De':eIElpment" statea herein. Within 180 days of the date of this agreement the
applicant shall: (a) record a Citv approved lot line adiustment with the Ada County
Recorders Office that generallv incorporates "Parcel B" (as identified on Exhibit A) into
Lot 5. Block L Lexington on the Rim; (b) vacate a minimum of 105 feet of the southem
most portion of the ACHD Edgewood Road right of way: and (c) said right ofwav shall
be vacated prior to the City Clerk signing the lot line adiustment record of survev. If these
steps cannot be completed within the 180 period. Applicant mav request a 180 day
extension from the Zoning Administrator. No further extension may be granted and this
Development Agreement shall be null and void.
2.2 The develej3mem shall eomply 7:ith the Eagle City Coee, as it exists iR final form at
the time aH ajlplieatiElR is made aRe the eElRditiElns wit.flin this agreement shall Be satisfied.
Anv building placed upon Parcel B shall be limited to one storv and shall conform to
Eagle City Code.
2.3 Prier te the City Clerk signffig the let split reeere ef sarye)', pUBlic sewer aHd water
shall be previdee tEl the jlrEljlesea lot.
2.1 Pre':iee aH easemem agreement fer ingress/egress allewiRg f0r aseess ane utilities to
be jlreviElee to the propElsea lot. This agreement shall be reeerdea aHe the iRstrument
number Rotee ElR the lot split recElrd ef saryey, prier tEl the Cit)' Clerk signing the lot split
reeora of survey.
2.5 The site shall beeome aHfIelted iRto the Eagle Sewer Distriet's serviee bOlifldaries and
shall eOHlflly with all aflj3lieable Eagle Sewer Distriet regulatioRs aHe eElFlditiElns, prim to
the City Clerk signing t.fle IElt split reeerd of survey.
CONCLUSIONS OF LAW:
1. 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 of the Eagle City Code.
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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 October 3,
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 29,2005.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-16-05) 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
the uses allowed 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 22th day of November, 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho .
" . /
L/1 I "--/ / } ,
It b!:tyf (~. ;/-bU.(d,~1
Nary C. '11, Mayor (
ATTEST:
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