Findings - CC - 2006 - A-03-06/RZ-03-06 - A&Rz From Rut To R4-Da/4.86 Acre/10895 Horseshoe Bend Rd
BEFORE THE EAGLE CITY COUNCIL
OR\G\NAL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION AND REZONE
FROM RUT (RURAL URBAN TRANSITION)
TO R-4-DA (RESIDENTIAL FOUR UNITS
PER ACRE WITH A DEVELOPMENT
AGREEMENT) FOR DONNA WESTON
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-03-06 & RZ-03-06
The above-entitled Annexation and Rezone applications came before the Eagle City Council for their
action on July 11, 2006, at which time public testimony was taken and the public hearing was closed. The
Eagle City 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:
Donna Weston, represented by Craig McCullough with Doumecq Development, is
requesting annexation and rezone from RUT (Rural Urban Transition) to R-4-DA
(Residential four units per acre with a development agreement). The 4.86-acre site is
located on the west side of Horseshoe Bend Road approximately 1,200 feet south of
Floating Feather Road at 10895 Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held in compliance with the application submittal
requirement of Eagle City Code on December IS, 2005. The annexation and rezone
applications for this item were received by the City of Eagle on February 16, 2006.
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 April 24, 2006. 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 April 19, 2006. The site was posted in accordance with the Eagle City Code on
May 4, 2006. Requests for agencies' reviews were transmitted on February 22, 2006, 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 June 26, 2006, in the Valley Times. 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 16, 2006. The site was posted in accordance with the Eagle City Code on
June 29, 2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 12,2003, the Eagle City Council denied an application (A-I-03/RZ-1-03) for
an annexation and rezone to R-4 for this approximate 5-acre parcel (Weston property).
The Council determined that because the parcel was amid undeveloped properties, the
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lack of a master plan for the area diminished the ability of adjacent properties to develop
in an appropriate and consistent manner. The "piecemeal" development of the single
property to a higher density would not be compatible with the existing larger parcels (five-
acres in size or more) and low-density uses in the area, and as such, a more intensive use
of this property would be premature. The Council encouraged property owners in the area
to reach a consensus on the development of the area in order to achieve a neighborhood
with a cohesive character and function upon the combined parcels.
The owners of the property north and south of the Weston property teamed up to create a
master plan for the area. Unfortunately, the subject property did not participate at that
time. Instead, the adjacent property owners placed stub streets on the north and south
property lines that would allow the Weston property to provide a continuous roadway
which would provide good traffic circulation and allow them to complete the master plan
for the area. The City Council approved the Shadow Ridge Subdivision PUD, with the
two stub streets in place, on July 27,2004.
E. COMPANION APPLICATIONS: N/A
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four (4-units RUT (Rural Urban Agriculture
per acre maximum) Transition-Ada County
Designation)
Proposed No Change R-4-DA (Residential with a Single-Family Residential
development agreement)
North of site Residential Four (4-units R-4-P (Residential- Single-Family Residential
per acre maximum) Planned Unit
Development)
South of site Residential Four (4-units R-4-P (Residential- Single-Family Residential
per acre maximum) Planned Unit
Development)
East of site Residential Three (3-units R2 (Residential-Ada Single-Family Residential
per acre maximum) County designation)
West of site Residential Four (4-units R-4 (Residential) Single-Family Residential
per acre maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 4.86-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter dated January 6, 2006, provided by the applicant (attached to the
staffreport).
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J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): The applicant requested a development agreement to address sewer and water
related issues regarding the site.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A letter from the Eagle Sewer District states that they have no objection to the proposed
rezone and annexation. No comments from the Water Company have been received to
date.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES:
There is an existing house that will remain on the property. The development agreement
addresses confonnity to the R-4 district regulations.
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:
Ada County Highway District
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
O. LETTERS FROM THE PUBLIC: None received to date.
ST AFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Four, suitable
primarily for single-family residential development within an urbanized setting. Residential
density of up to four dwelling units per acre may be considered by the City for this area.
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school, police, fire and library
to residents. With Eagle's growing population come the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
providers, it must be involved in any plans that will affect the community.
4.3 Goal
a. Encourage the provision of public utilities, services, and schools.
c. Maintain a sense of personal safety and security for all residents.
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d. Strive to prevent and extinguish fires and aid in other emergencies dealing
with the protection of life or property.
4.4 Objectives
a. To encourage the reduction of overlapping service areas and or illogical
service boundaries. Strive for continued cooperation between service and
utility providers and the City.
c. To strive to prevent criminal activity and reduce the incidence of crime.
d. To encourage a high standard of fire protection and emergency services.
Chapter 6 - Land Use
6.6 Objectives
b. To encourage development with decreasing density radiating out from the
CBD as shown on the Land Use Map.
6.7 Implementation Strategies
c. Provide for a broad spectrum of housing types including apartments,
townhouses, condominiums, single family attached, manufactured homes,
affordable and subsidized housing and large acreage developments.
Chapter 9 - Parks, Recreation and Open Space
9.5 Pathways and Greenbelts
Pathways are non-motorized multi-use paths that are separate features from
bicycle and pedestrian lanes constructed as a part of a roadway.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
k. Link existing isolated pathway segments.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-1O-1(B)
Initiation Of Development Agreement:
1. A development agreement may be initiated for the rezoning of a particular parcel of land
or collection of parcels ofland through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
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c. On recommendation of the commission.
d. Required by the council.
2. In the event of a determination by the commission that a development agreement should
be entered into, the commission shall retain jurisdiction of the matter, defer consideration
of the rezone applied for and set a time limit for submittal of the development agreement.
The commission shall then proceed as specified in this section.
3. In the event of a determination by the council that a development agreement should be
entered into, the council shall remand the matter back to the commission for submittal of
the development agreement. The council may direct the commission on remand of the
matter to the commission. The commission shall then proceed as specified in this section.
4. In the event of either of the above, all time limits required by this code may be stayed
upon affirmative vote of the commission or council.
C. DISCUSSION:
. The approximate five (5) acre parcel is located between two existing subdivisions, Shadow
View to the north and Shadow Ridge to the south. Both subdivisions have provided stub
streets to the subject parcel for future development. The applicant has indicated that the
existing house on the east side of the property will remain and be incorporated as a lot into the
future subdivision.
. On November 28,2005, the applicant sent letters to all residents within 300 feet of the subject
property inviting them to an open house meeting. Six residents attended the meeting on
December 15, 2005, and asked questions about the development. At the time of drafting this
report, Staff has not received any comments from the public regarding the proposed
annexation and rezone.
. As of today, the site has not been annexed to the Eagle Sewer District. A letter has been
received from the Eagle Sewer District indicating that the proposed project could get central
sewer service from the main line located within the adjacent Shadow Ridge Subdivision. The
applicant still needs to petition for annexation into the Eagle Sewer District. This has been
incorporated into the Development Agreement and should be completed prior to submittal of
the preliminary plat.
. Per the Department of Environmental Quality (Boise Regional Office) letter date stamped by
the City on March 6, 2006, DEQ will not approve additional projects that receive potable
water from the Eagle Water Company. The applicant needs to submit letters from the Eagle
Water Company and the Department of Environmental Quality (Boise Regional Office)
indicating potable water service has been approved to serve the site. This has been
incorporated into the Development Agreement and should be completed prior to submittal of
the preliminary plat.
. 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 (Residential four units per acre with a
Development Agreement) is equal to or less than the Residential Four classification shown
on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
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needed for this site indicate that adequate public facilities exist, or are expected to be
provided (as conditioned herein), to serve any and all uses allowed on this property under
the proposed zone;
c. The proposed R-4-DA (Residential four units per acre with a Development Agreement)
zone is compatible with the R-4 zone (Residential Four) land uses to the north, south, and
west;
d. The proposed R-4-DA (Residential four units per acre with a Development Agreement)
zone is separated from the R2 (Residential Two- Ada County designation) land use to the
west by Horseshoe Bend Road;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
f. As stated in the development agreement, the applicant shall ensure all existing structures
(houses, garages, barns etc.) that will remain on the site comply with the R-4 (Residential)
zoning district regulations. Otherwise, the applicant shall move or remove all structures
(houses, barns, etc.) from the site. Therefore, no non-conforming uses are expected to be
created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation and
Rezone applications with the conditions to be placed within a development agreement provided 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 May 15,
2006, 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 no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION:
The Commission voted 3 to 0 (Lien and Zastrow absent) to recommend approval of A-03-06 & RZ-03-06
for rezone with a development agreement upon annexation from RUT to R-4-DA for Donna Weston with
the following staff recommended conditions to be placed within a development agreement.
2.1 The maximum overall density of the property shall not exceed 2.67 units per acre.
2.2 The Concept Plan (Exhibit B) 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 changes in the Concept Plan, notice shall be provided as may be
required by the City.
2.3 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way between this
property and the edge of pavement along Horseshoe Bend Road to be landscaped prior to the City
of Eagle signing the final plat.
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2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time a
design review application is made, including compliance with all of the conditions as provided
within this development agreement.
2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of the preliminary plat. Each lot within the proposed preliminary plat (subdivision) shall use and
be connected to central sewer.
2.6 Letters of approval shall be provided to the City from the Eagle Water Company and the
Department of Environmental Quality (Boise Regional Office) indicating potable water service has
been approved to serve the site prior to the submittal ofthe preliminary plat. Each lot within the
proposed preliminary plat (subdivision) shall use and be connected to Eagle Water Company
system.
2.7 Construct a five foot (5 ') wide detached sidewalk within the right-of-way of Horseshoe Bend Road
prior to the issuance of any occupancy permits for the site.
2.8 Provide a ten foot (10') wide public access easement for a pathway for the connection of the
internal street (as shown on the concept plan) to Horseshoe Bend Road, prior to the submittal of a
preliminary plat.
2.9 The developer shall ensure all existing structures (houses, garages, barns etc.) that will remain on
the site comply with the R-4 (Residential) zoning district regulations. Otherwise, the applicant
shall move or remove all structures (houses, barns, etc.) from the site prior to the City Clerk
signing the Final Plat. Demolition permits shall be obtained prior to the removal of any said
structures.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 11, 2006. Testimony was
taken, the public hearing was closed, and the Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council from no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council from no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-03-06 & RZ-03-06 for an annexation and rezone from RUT to R-4-
DAfor Donna Weston, with the following Planning and Zoning Commission recommended conditions to
be placed within a development agreement with underline text to be added by the Council.
2.1 The maximum overall density of the property shall not exceed 2.67 units per acre.
2.2 The Concept Plan (Exhibit B) 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 detennines 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 changes in the Concept Plan, notice shall be provided as may be
required by the City.
2.3 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way between this
property and the edge of pavement along Horseshoe Bend Road to be landscaped prior to the City
of Eagle signing the final plat.
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2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time a
design review application is made, including compliance with all of the conditions as provided
within this development agreement.
2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of the preliminary plat. Each lot within the proposed preliminary plat (subdivision) shall use and
be connected to central sewer.
2.6 Letters of approval shall be provided to the City from the Eagle Water Company and the
Department of Environmental Quality (Boise Regional Office) indicating potable water service has
been approved to serve the site prior to the submittal of the preliminary plat. Each lot within the
proposed preliminary plat (subdivision) shall use and be connected to Eagle Water Company
system.
2.7 Construct a five foot (5 ') wide detached sidewalk within the right-of-way of Horseshoe Bend Road
prior to the issuance of any occupancy penn its for the site.
2.8 Provide a ten foot (10') wide public access easement for a pathway for the connection of the
internal street (as shown on the concept plan) to Horseshoe Bend Road, prior to the submittal of a
preliminary plat.
2.9 The developer shall ensure all existing structures (houses, garages, barns etc.) that will remain on
the site comply with the R-4 (Residential) zoning district regulations. Otherwise, the applicant
shall move or remove all structures (houses, barns, etc.) from the site prior to the City Clerk
signing the Final Plat. Demolition permits shall be obtained prior to the removal of any said
structures.
2.10 The applicant shall provide pressurized irrigation from existing irrigation water rights historically
used on the site. If no such irrigation water right existed. evidence of the irrigation water right
historv shall be provided to the City to determine what irrigation source should be used for this
development. prior to submittal of the oreliminarv plat application.
2.11 Applicant shall provide usable open space for the use bv the residences located within the
proposed subdivision. The open space shall include amenities such as plav ground equipment,
gazebos. benches. seat walls. walking paths. and landscaping. The landscaping mav include
shrubs, flower beds. water features. etc. All landscaping and common area open space. including
amenities, shall be reviewed and approved bv the Citv of Eagle Design Review Board prior to
submittal of a final plat application.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle
City Code on December 15,2005. The annexation and rezone applications for this item were received
by the City of Eagle on February 16, 2006.
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 April 24, 2006. 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 April 19,2006. The site was posted in accordance
with the Eagle City Code on May 4, 2006. Requests for agencies' reviews were transmitted on
February 22, 2006, 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
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for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on June 26, 2006,
in the Valley Times. 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 16,2006. The site was posted in accordance with the Eagle
City Code on June 29, 2006.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-03-06 & RZ-03-06) 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 annexation and 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 (Residential four units per acre with a
Development Agreement) is equal to or less than the Residential Four classification 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 (as
conditioned herein with the development agreement), to serve any and all uses allowed on this
property under the proposed zone;
c. The proposed R-4-DA (Residential four units per acre with a Development Agreement) zone is
compatible with the R-4 zone (Residential Four) land uses to the north, south, and west;
d. The proposed R-4-DA (Residential four units per acre with a Development Agreement) zone is
separated from the R2 (Residential Two- Ada County designation) land use to the west by
Horseshoe Bend Road;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
f. As stated in the development agreement, the applicant shall ensure all existing structures
(houses, garages, barns etc.) that wi\l remain on the site comply with the R-4 (Residential)
zoning district regulations. Otherwise, the applicant shall move or remove all structures (houses,
barns, etc.) from the site. Therefore, no non-conforming uses are expected to be created with
this rezone.
DATED this 25th day of July, 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Sharon K. Bergmann, Eagle Ci Clerk
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