Findings - CC - 2004 - RZ-7-04 - Rezone From Ar & R-2-Da To R-2-Da Mod/99.70 Acre W South Channel Rd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A REZONE )
FROM A (AGRICULTURAL) AND R-2-DA (RESIDENTIAL )
TWO WITH DEVELOPMENT AGREEMENT) TO R-2-DA )
(RESIDENTIAL TWO WITH A MODIFIED DEVELOPMENT )
AGREEMENT) FOR ROCKY RIDGE CONSTRUCTION )
DBA SOUTH CHANNEL LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-7-04
The above-entitled rezone application came before the Eagle City Council for their action on August 24,
2004, at which time public testimony was taken and the public hearing was closed. 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:
Rocky Ridge Construction dba South Channel LLC, represented by Steve Holt, P.E., with
Toothman-Orton Engineering Co., is requesting a rezone from A (Agricultural) & R-2-DA
Residential- up to two dwelling units per one acre with a development agreement) to R-2-
DA (Residential - up to two dwelling units per acre with a modified development
agreement). The 99.70-acre development is located west of Eagle Road, at 707, 781, 799,
807,844 & 1201 W. South Channel Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 20, 2004.
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 21, 2004. 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 17, 2004. Requests for agencies' reviews were transmitted on May 21,
2004, 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 August 9, 2004. 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 4, 2004.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 27, 1999, the City Council approved a rezone with development agreement of a
portion of this site (RZ-8-98 - Jon Wroten property) from A (Agricultural) to R-2-DA
(Residential- up to two dwelling units per acre with a development agreement).
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E. COMPANION APPLICATIONS:
PP-5-04 (The Shores Subdivision)
VAC-I-04 (Vacation to the final plat of Two Rivers No.8 Subdivision to remove an Ada
County Highway District right-of-way)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to A (Agricultural) & R-2-DA Pasture & Residences
two dwelling units per (Residential with
acre) & Floodway development agreement)
Proposed No Change No Change Residential Subdivision
North of site Residential Two (up to A (Agricultural) & R-2-P Pasture & Residencesrrwo
two dwelling units per (Residential PUD) Rivers Subdivision PUD
acre)
South of site Floodway & Residential R-2-P (Residential PUD) South Channel of the Boise
Two (up to two dwelling River & Streamside
units per acre) Subdivision PUD
East of site Residential Two (up to R-2-P (Residential PUD) South Channel of the Boise
two dwelling units per River & Streamside
acre) Subdivision PUD
West of site Floodway & Residential A (Agricultural) & R-2-P Banbury Meadows
Two (up to two dwelling (Residential PUD) Subdivision PUD & Pasture
units per acre)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. TOTAL ACREAGE OF SITE: 99.7-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter (date stamped by the City on May 20, 2004) provided by the
applicant's representative 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, 2004) provided by the
applicant's representative is incorporated herein by reference.
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from United Water has been received. 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.
Approval letters from the Central District Health Department and the Eagle Fire
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Department will be required prior to the approval of a final plat.
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 incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Power
Joint School District No.2
United Water Company
O. LETTERS FROM THE PUBLIC:
Letter from Barry Peters, 101 Eagle Glen Lane, Suite A, Eagle, ill 83616, date stamped
by the City on June 23, 2004.
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 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
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.
1. To protect fish, wildlife, and recreation resources.
1.3 The City of Eagle Vision Statement
e. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
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Chapter 6 - Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
n. Support City of Eagle flood and storm drainage regulations to achieve protection of
property rights, environmental protection and flood damage reduction for community
residents.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-1O-1(A): REQUIREMENTS AND RESTRICTIONS (for development
agreements):
Purpose: Development agreements are a discretionary tool to be used by the
Council as a condition of rezoning. Development agreements allow a specific
project with a specific use to be developed on property in an area that is not
appropriate for all uses allowed or conditional in the requested zone.
C. DISCUSSION:
. Staff believes that a R-2-DA (Residential with development agreement) zoning designation for
this site is appropriate since the parcel is designated Residential Two as shown on the City of
Eagle 2000 Comprehensive Plan Land Use Plan, and because the lands to the east and south
are zoned R-2-P and have been developed with residential uses that are similar and compatible
to the development proposed with this application. In addition, this site is compatible with
the site to the west since that site is expected to develop in a manner consistent with the
Residential Two designation and single-family residential uses as specified in the City of
Eagle 2000 Comprehensive Plan.
. In April of 1999, the City approved a rezone with development agreement (RZ-8-98) for the
Wroten property, a forty-five (4S) acre parcel of which is now a portion of the larger subject
development. At the time, at least three varying conceptual plans for the development of the
property (residential subdivisions) were submitted to the City, none of which were attached to
the development agreement as an approved development plan. Due to a change in the
direction of the design and character in the development of the property, as well as the
acquisition of additional properties surrounding the Wroten property, the applicant now
desires to make the following modifications to the development agreement, with underlined
text requested to be added and text shown with strike-thru requested to be deleted. Staff
recommends that the proposed revisions may be accepted as written EXCEPT for the text
shown in bold type which is recommended by staff to be revised as noted below said
condition.
2.1 Except as may be provided herein, 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.
2.2 If tile al3plicant deeiEies te eDRstruet a lake, Eagle Ileresy approves tlle exea'/atiEls sf aH
eigllt (&) aere minimum fifteeH (IS) aere maximum lake witll tlle fellElwisg eeREiitieHs:
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8. ExeavatioR ef tlle lake shall 13e eOHlj'lletea witlliH twe years af-ter eagle aJ3J3feves
aHY developmeRt aflplieatieH fBr this site. A eHe year exteHsieR IRa)' be graHtea
by tlle City CeuHeil, if requestea 13)' tlle aJ3J3lieant.
b. CemJ3ly witll Eagle City Cese Seetiefl S 3 S K "Gravel Pits, Reek Quarries,
SaHa aHd Clay Pits ails Otller Natural Reseurees ef Commereial Vallie".
c. .\H eHviroRmeHtal .^.ssessment PlaH sllall 13e apJ3fElvea by tile City esgiHeer
prier te startiHg the gravel oJ3eratieH.
d. TrnlOk traffie shall Het go threugh aHY su13aivisieH develeJ3ed 13etweeR tllis site
aHa Eagle Roaa eKeeJ3t via a aesigHatea eolleeter er resiaeHtial lOelleetor.
c. Heurs of eJ3eraties sllall 13e limitea te betweeR "7 .\M to 7 PM e)leluaiHg
..veekeHas aHd lleliaays.
f Tlle wsrk area aHd mas (if Het J3avea) usea f-er truclls sllall 13e wateres
sliffieieHtly te elimiHate BUSt.
g. OH site cruslliHg sllall 13e J3relli13iteE!.
h. .\ J3emHt sllall be e13tainea ITem tHe DeJ3ar'.meHt ef '},rater Reseurees J3rior te
startiRg tlle J3eHE! ellea'iatieH.
I. CeHstrnctien €If the lake sllall be eempletea J3rior to issuaRee ef aHY dwelliHg uHit
builsiHg permits.
2.2 All development within the 100-year floodplain shall comply with the Eagle City Code, as
it exists in final form at the time aIt a preliminary plat application is made and the
conditions within this agreement shall be satisfied.
2.3 A Flood Plain Development Permit application shall be submitted to and approved by
Eagle prior to commencing any work within the 100-year flood plain.
The applicant shall submit a Flood Plain Development Permit in compliance with all
rules, regulations and ordinances as required within Title 10, Flood Control, of the
Eagle City Code.
2.4 Provide twe (2) five (S) aefe pareels witlliH tlle Beise River fleeaJ3laiH te be set asiE!e
aleHg the Beise Ri'ier as NatliFe Preserves aRS J3fe'iiae a twenty five (2S) foot wide
pathway easement for a public pathway along the Boise River extending along the entire
southern portion of the applieallt's site Prooertv. When Eagle has acquired all the
necessary easements for the pathway to be completed along the north side of the south
channel of the Boise River from Eagle Road to the Eagle Island State Park the apfllieaHt
owner shall construct a ~~-foot wide J3atllwa)' adventure trail to match that required by
the Citv for Two Rivers Subdivision to the east within the easement on the apJ3lieaHt's site
Propertv. The pathway shall be constructed by the aJ3J3lilOaHt as aH uHJ3avea eemJ3acted
gravel patll, witll mill aHa aeJ3th of gFavel te be as FeEJliiFed by tlle City EHgiHeer, aHa sllall
13e 13liilt abeve tlle IlSOO lOfs fie'1\' as measures at tlle GleRweea Boage Owner to match that
required by the City for Two Rivers Subdivision to the east. Tile twe (2) five (S) alOre
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Natllre Pr-eserves Heea HOt remaill as Nature Preserves eRce tHe patllway is eeHstrllEtee.
The applicant shall provide a twenty-five (25) foot wide greenbelt easement for a
public pathway along the northern side of the South Channel of the Boise River
extending along the entire southern portion of the property. The applicant shall
construct a 10' wide compacted gravel or cinder surfaced pathway within the
easement, to extend from the pathway within the Two Rivers Subdivision pathway
system on the east side of the property and continue the entire length of the property
abutting the Boise River. For any portion of the pathway passing through wetland
areas, the ten-foot (10') wide path may instead be cleared of vegetation and
constructed with a natural soil surface in lieu of the graveVcinder surface. The
applicant shall work with the appropriate flood control district and emergency
response agencies to ensure that the emergency access located within Lot 19, Block 1,
is appropriately surfaced for heavy equipment use. The pathway shall be
constructed prior to the issuance of any building permits for those lots inclusive of
the pathway easement.
. The applicant's property 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 approval of any development plans for this site.
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 to include the conditions as outlined 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 July 6,
2004, 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 no one.
C. 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 felt that the design of the subdivision
would not negatively impact the well-being of wildlife in the area and which may be enhanced based
on observations of previous development in the area.
D. Written testimony in favor of the proposal was presented to the Planning and Zoning Commission in
the form of a letter signed by two (2) individuals who felt that the development supports the highest
and best use of the land.
COMMISSION DECISION:
The Commission voted 3 to 0 (Bandy, Crook absent) to recommend approval of RZ-7-04 for a
rezone with development agreement from A (Agricultural) & R-2-DA Residential- up to two
dwelling units per one acre with a development agreement) to R-2-DA (Residential - up to two
dwelling units per acre with a modified development agreement) for Rocky Ridge Construction
dba South Channel LLC with conditions to be included within the development agreement as
shown within their Findings of Fact and Conclusions of Law document, dated July 19,2004.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 24, 2004, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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 (1) individual (not
including the applicant/representative) who felt that the high quality standards that the developer
practices would serve well with regard to the mitigation of wetlands located within the proposed
development.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve RZ-7-04 for a rezone with development
agreement from A (Agricultural) & R-2-DA Residential - up to two dwelling units per one acre
with a development agreement) to R-2-DA (Residential - up to two dwelling units per acre with a
modified development agreement) with the following Planning and Zoning Commission
recommended conditions to be included within a development agreement, with text shown with
underline to be added by the Council:
2.1 Except as may be provided herein, 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.
2.2 All development within the 100-year floodplain shall comply with the Eagle City Code, as
it exists in final form at the time a preliminary plat application is made and the conditions
within this agreement shall be satisfied.
2.3 The applicant shall submit a Flood Plain Development Permit in compliance with all rules,
regulations and ordinances as required within Title 10, Flood Control, of the Eagle City
Code.
2.4 The applicant shall provide a twenty-five (25) foot wide greenbelt easement for a public
pathway along the northern side of the South Channel of the Boise River extending along
the entire southern portion of the property. The applicant shall construct a 10' wide
compacted gravel or cinder surfaced pathway within the easement, to extend from the
pathway within the Two Rivers Subdivision pathway system on the east side of the
property and continue the entire length of the property abutting the Boise River. For any
portion of the pathway passing through wetland areas, the ten-foot (10') wide path may
instead be cleared of vegetation to be a natural soil surface in lieu of the gravel/cinder
surface and shall meander around existing trees that are designated to be preserved by the
City Forester. The applicant shall work with the appropriate flood control district and
emergency response agencies to ensure that the emergency access located within Lot 19,
Block 1, is appropriately surfaced for heavy equipment use. The pathway shall be
constructed and markers/signs (describing the pathwav as intended for pedestrian ingress
and egress and is a multi-purpose, non-motorized pathwav/conservation easement in favor
of the City of Eagle) installed to delineate the pathway prior to the issuance of any
building permits for those lots inclusive of the pathway easement. Plans showing the
location of the markers/signs, language to be placed on the markers/signs, and other
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methods to be used to delineate the pathwav shall be submitted to the City for review prior
to the approval of a final plat. During all types of construction, fencing shall be installed
to protect the easement area and prohibit activity (other than pathway construction) from
occurring within the easement area. A note shall be added to the CC&Rs stating
provisions for the proper maintenance of the pathway surface and for the clearing and
removal of anv vegetation which may interfere with the pathway. A copv of the CC&Rs
shall be submitted to the City prior to the City Clerk signing the final plat.
2.S The applicant's property 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 approval of any development plans for this site.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 20, 2004.
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 6S, Idaho Code and the Eagle City
ordinances on June 21, 2004. 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 6S, Idaho Code and Eagle City Code on June 17, 2004. Requests for agencies' reviews were
transmitted on May 21, 2004, 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 6S, Idaho Code and the Eagle City ordinances on August 9,
2004. 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 6S, Idaho Code
and Eagle City Code on August 4, 2004.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-7-04) with
regard to Eagle City Code Section 8-7-S "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 (Residential - up to two unit units
per acre with development agreement) is equal to the two units per acre maximum
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 (Residential - up to two unit units per acre with
development agreement) is compatible with the R-2-P (Residential PUD) zoning
designation and land uses to the east and south since this site will be developed
with single-family dwellings of similar character, value and lot sizes comparable
to those being built in said areas;
d. The proposed R-2-DA (Residential - up to two unit units per acre with
development agreement) is compatible with the A-R (Agricultural-Residential)
zone and land uses to the north since those sites are currently single-family
residences that will be buffered from this development by a combination of
common open space on the subject site and a large pond located on the site to the
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north;
e. The proposed R-2-DA (Residential - up to two unit units per acre with
development agreement) is compatible with the A (Agricultural) zone and land
uses to the west since that site may be developed at two or fewer dwelling units
per acre as designated on the Comprehensive Plan Land Use Map;
f. While the land proposed for rezone is located within a "Hazard Area" or "Special
Area" as de~cribed within the Comprehensive Plan, this development will be
required to comply with all the applicable City of Eagle ordinances regarding
construction in the floodplain, and preservation of the lands within the floodway
as conditioned by the agencies having jurisdiction over the Boise River
Floodplain; and
g. No non-conforming uses are expected to be created with this rezone since all
existing structures that may interfere with any proposed lot lines or right-of-ways
are required to be removed prior to the development of each phase of the property.
DATED this 14th day of September 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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