Findings - CC - 2005 - RZ-17-05 - Rz From R3 To R4-Da/2.46 Units Per Acre/6.92 Acres/2511 E. Hill Rd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR REZONE FROM R-3 (RESIDENTIAL) )
TO R-4-DA (RESIDENTIAL WITH A )
DEVELOPMENT AGREEMENT) FOR )
GEMSTAR DEVELOPMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-17-05
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on December 13, 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:
Gemstar Development, LLC, is requesting a rezone from R-3 (Residential - three units per
acre maximum) to R-4-DA (Residential with a development agreement - 2.46 units per
acre maximum). The 6.92-acre site is located on the south side of East Hill Road
approximately 1,100-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.
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 November 28, 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 November 23,
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)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TlON
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) Office/residential
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 applicant's justification letter date stamped by the City on September 8, 2005,
attached to the staff report.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See applicant's justification letter date stamped by the City on September 8, 2005,
attached to the staff report.
K. A V AILABILITY 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:
All non-conforming structures that exist on the site will be required to be removed from
this site as conditioned within the development agreement.
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
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Department of Environmental Quality
O. LETTERS FROM THE PUBLIC: None received to date.
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 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 #1 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
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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
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
rezone.
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 - up to three units per acre) to R-4-DA (Residential - 2.46 units per acre with
development agreement) for Gemstar Development, LLC, with the conditions to be within a
development agreement as shown within their Findings of Fact and Conclusions of Law document
dated November 21,2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 13, 2005, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by one individual who
appreciated the applicant's willingness to work with the Great Sky Subdivision homeowners
association to mitigate future traffic concerns associated with this development.
COUNCIL DECISION:
The Council voted 3 to 0 (Guerber absent) to approve RZ-17-05 for a rezone from R-3
(Residential - up to three units per acre) to R-4-DA (Residential with development agreement-
2.46 - units per acre maximum) for Gemstar Development, LLC, with the following Planning and
Zoning Commission recommended conditions to be included within the development agreement:
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.
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 S-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 Property shall have no direct access to East Hill Road.
2.S The banks of the New Dry Creek Canal shall be maintained free of weeds and debris by
the Home Owners Association of the subject development.
2.9 The applicant shall remove all non-conforming structures from the site within ISO-days
after the execution of this agreement.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 24, 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
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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.
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 November 28,
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 November 23,2005. Requests for agencies' reviews were transmitted on
September 14, 2005, in accordance with the requirements of the Eagle City Code.
3. The Council 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 is in accordance with the goals and
objectives of the City of Eagle because:
a. The requested zoning designation of R-4-DA (Residential with a development agreement -
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
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 (up to four dwelling units per acre) zone to the south;
d. The proposed R-4-DA zone (2.46 dwelling units per acre maximum) is compatible with the R-
4 (up to 4 dwelling units per acre) zone to the west;
e. The proposed R-4-DA zone (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 (2.46 dwelling units per acre maximum) is compatible with the
proposed R-l (up to 1 dwelling unit per acre) zone to the north as Hill Road separates these
two sites;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan;
h. No non-conforming uses will be created with this rezone and the existing nonconforming uses/
structures existing on the property will be required to be removed from the site as conditioned
in the development agreement.
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DATED this 10th day of January 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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Sharon . Bergmann, Eagle City lerk
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