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Findings - PZ - 2004 - RZ-7-04 - Rz From A & R-2-Da To R-2 Da Residential With Modified Da/99.70 Acre OR\G~NAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION 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 Planning and Zoning Commission for their recommendation on July 6, 2004, at which time public testimony was taken and the public hearing was closed. 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: 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. 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). 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) Page 1 of 8 K:\PlaJming Dept\Eagle Applications\RZ&A\2004\RZ-01-04 pzf.doc 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 & Residencesffwo two dwelling units per (Residential PUD) Rivers Subdivision PUD acre) South of site F100dway & 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 ofsite F100dway & 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, IDA 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. AVAILABILITY 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 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 Page 2 of 8 K\P1anning Dept\Eag1e Applications\RZ&A\2004\RZ-07-04 pzf.doc 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; Page 3 of 8 K:\Planning Depl\Eag1e Applications\RZ&A\2004\RZ-07-04 pzf.doc 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 8-10-1(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 &pfllieaHt aeeiaeB ts eSHBtfliet a lake, Eagle lIereily llflflfo\'es tile eJ<eayatisH Elf aH eigllt (ll) aere lRiHilRlllR fifteeH (IS) aere lRaxilRllHllal(e witll tile fellsv:iHg eSHaitisRs: Page 4 of 8 K:\Planning Dept\Eagle Applications\RZ&A\2004\RZ-07..Q4 pzrdoc a. ExeavatieH ef tile laIle sllall ae eSHlflletea 'NitlliH tws years after Eagle aflflFEl\'es aHY aevelSflHleRt llflfllieatiElH fer t1tis site. .\ eRe year exteRsieH H1a)' Ile graRtea ay tile City CSllHeil, if Fellllestea ay tile aflfllieltHt. h. CSlRflly '1:ith Eagle City Coae SeetisR II 3 5 K "GFayel Fits, Reel( Quarries, Sana aHa Clay FitB aRa Otller NaHiral Resellrees ef CSHlfRereial Vallie". c. .\H EHvireHlfteHtal f.sseBSlReHt FIltH shall ae llflflfe\'ea ay tile City ERgiReer flrisr te startiHg tile gfll';el SfleFatieR. d. TFUel( !raffia sllall HSt ge tllrellgll aRY sllaaivisisH aevelsfleel aetweeH tllis site aHa Eagle Reaa e)(eeflt via a aesigRateel eslleeter sr resiaeHtial eelleeter. e. Hellrs sf sfleratisH sllall ae lilRitea ts aetY/eeR 7 .~.M te 7 PM exelllaiHg weekeHas aHa lIeliaa-ys. f. Tile werk area aRa Feaa (if Het flavea) llsea fer trueks sllall ae waterea sll#ieieHtly te elilRiRate allst. g. OR site efllslliHg sllall ae flrelliaitea. h. f. fleFHlit shall Ile eataiHe8 ffEllR t1te D6flartHleHt ef Water ResellfSes flAsr to staRing the flaHa eJ<eavlllisH. I. CeHstruetieH of the lake sllall ae eeHlflletea flRer to iSBllaRee sf aRY a.....elliRg uHit allilaiHg flefHlits. 2.2 All development within the lOO-year floodplain shall comply with the Eagle City Code, as it exists in final form at the time aft 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 loo-year flood plain. The applicant shall submit a Flood Plain Development Permit in compliance with aU rules, regulations and ordinances as required within Title 10, Flood Control, of the Eagle City Code. 2.4 Provide twa (2) five (5) aefe flareelB Y/itlliH the Esise Riyer t:lse6fllaiR te ae set aBiae alsRg tile Esise Riyer as Natllfe Preserves ltHa flf8.:iae a twenty five (25) foot wide pathway easement for a public pathway along the Boise River extending along the entire southern portion of the aflfllieaRt's site Property. 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 aflflli6aHt owner shall construct a ~~-foot wide flatllway adventure trail to match that required by the City for Two Rivers Subdivision to the east within the easement on the llflfllieaRt's site Property. The pathway shall be constructed by the aflfllieaHt as aR llHflavea 6SIRflaetea gi'ayel flath, 'Nitll mi)( aRa aefltll ef gFayel te ae as Fellllirea ay t1te City EHgiReer, aHa sllall Ile allilt aesve the 8509 efs f,)sw aB lReasllrea at tile GleR'::ssa Eriage Owner to match that required bv the Citv for Two Rivers Subdivision to the east. The tWEl (2) five (5) aeFe Page 5 of 8 K:\Planning Dept\Eagk:- ApplK:ations\RZ&A\2004\RZ-01-04 pzf.doc ~!atllre Presef':es Heed Hst relRaiH as ~!ati:lFe Preserves eHse tile patll'l.ay is seHstRlstea. 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 gravel/cinder 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) individual~ 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 the following staff recommended conditions with strikethrough text to be deleted by the Commission and underlined text to be added by the Commission to be Page 6 of 8 K:\P1anning DepI\Eagle Appbcations\RZ&A\2004\RZ-07-04 pzf.doc included within the development agreement for this site: 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 loo-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 (2S) 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 aHa eSH~tflletea witll to be a natural soil surface in lieu of the graveVcinder surface and shall meander around existing trees that are designated to be preserved bv the Citv 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 prior to the issuance of any building permits for those lots inclusive of the pathway easement. 2.5 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. 3. The Commission 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 Page 7 of 8 K:\Planning Dept\Eagk Applications\RZ&A\2t.i04\RZ-07-04 pzf.doc 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 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 described 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 flood way 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 Jines or right-of-ways are required to be removed prior t the developing the property. DATED this 19th day of July 2004. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE da County, Idaho .,I,tI"U"" "....... ~ OF l! #'" ,l' v'\:..-.....<1 ""#"'" ~ ,-. .'" tII: I , otlPO~ ../~ \ : : v -1.J- . ~ : *: ~i : : . ....... . = = \:t. S : * : \ (ft "00 E A L ~~...... ; -:.. ..?\ e. ~J:> .... .. ~ ~ ~ -..');?\ T~-'\I... Q .... "')'> s('....". ,x .,.,- " j; 0 " 1")" .' '" ,'.. . ,\." ....... IIn"'''' ATTEST: ~r,~ -~ ~~ '-- Sharon"'K. Bergmann, Eagle City erk Page 8 of8 K:\P1amring DepI\Eagk: Applicalious\RZ&A\2004\RZ-07-04 pzf.doc