Findings - PZ - 2016 - A-16-06 & RZ-21-06 - A/Rz From Rut To R-E-Da/4.95 Acre1651 N. Meridian Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
(RURAL URBAN TRANSITION) TO R-E-DA )
(RESIDENTIAL ESTATES WITH A DEVELOPMENT )
AGREEMENT) FOR JULIE HARRISON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-16-06 & RZ-21-06
The above-entitled annexation and rezone application came before the Eagle Planning and Zoning
Commission for their recommendation on December 4, 2006. The Commission, having heard and taken
oral and written testimony, and having duly considered the matter, rnakes the following Findings of Fact
and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Julie Harrison is requesting approval of an annexation and rezone from RUT (Rural Urban
Transition) to R-E-DA (Residential Estates with a Development Agreement). The 4.95-
acre site is located on the west side of North Meridian Road approximately 1,600 feet
north of the intersection of West Floating Feather Road and North Meridian Road at 165 I
North Meridian Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was at the site on September 30, 2006, at 10:00 AM, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on October 3,2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on November 13, 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 November 6, 2006. The site was posted in accordance with the Eagle
City Code on November 22, 2006. Requests for agencies' reviews were transmitted on
October 13,2006, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND lJSE
DESIGNATION DESIGNATION
Existing Residential Two (2-units RUT (Rural Urban Two Existing Single-Family
per acre maximum) Transition-Ada County Restdential Homes
Designation)
Proposed No Change R-E-DA (Residential No Change
Estates with a
Development Agreement)
North of site Residential Two (2-units R-2-DA (Residential with a Proposed Single-Family
per acre maxirnum) Development Agreement) Residential (Shaunessy
Subdivision)
South of site Residential Two (2-units R-E (Residential Estates) Single-Family Residential
per acre maxirnum) (Cavallo Estates)
East of site Residential Estates (I -unit R-E (Residential Estates) Single-Family Residential
per two acres maximum) (Canterbury Subdivision)
West of site Residential Two (2-units R-2-DA (Residential with a Single-Family Residential
per acre maxirnum) Development Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 4.95-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter (attached to the staff report), dated October 3, 2006, provided by
the applicant.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): The City requested a development agreement to address central water,
sidewalk, and setback related issues.
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A letter from the Central District Health Department states that they have no objection to
the project and the use of septic systems. A letter from the Eagle Sewer District states the
property has not been annexed into the district and indicates the property could get sewer
service from an 8" PVC main sewer line that will be installed with the future subdivision
to the north and west of the subject site. Letters have been received from the Ada County
Highway District and Eagle Fire Department.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES:
There are two existing houses that will remain on the property. The development
agreement addresses conformity to the R-E district regulations.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
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report. Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health Department
Chevron Pipeline Company
Eagle Fire Department
Eagle Sewer District
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:
2000 EAGLE COMPREHENISVE PLAN
CHAPTER 4 - SCHOOLS, PUBLIC SERVICES AND UTILITIES
4.3 Goal
To meet the expected demands of the City and its Impact area:
a. Encourage the provision of public utilities, services, and schools.
CHAPTER 6 - LAND USE
Residential Two
Suitable primarily for single family residential development within areas that are rural in
character.
6.5 Goal
To preserve the rural transitional identity.
6.6 Objectives
a. To encourage the preservation of open spaces.
6.7 Implementation Strategies
(6.7a) Preserve the natural features and resources of Eagle;
(6. 7b) Establish land use patterns and zoning districts that do not exhaust avmlable
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.; and
(6.7c) Provide for a broad spectrum of housing types including apartments,
townhouses, condominiums, single family attached, rnanufactured homes, affordable
and subsidized housing and large acreage developments.
(6.71) Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development. The Idaho
Right To Farm Act should be promoted.
CHAPTER 8 - TRANSPORTATION
8.6 Implementation Strategies
(8.6m) Establish and require minirnum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments to
enhance safety and to enrich the roadway and community appearance; and
(8.6p) Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where existing
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buildings, inordinate environmental impacts, or other impacts make setting the
sidewalk back infeasible. Meandering sidewalks should be required where space
permits. A planter strip of sufficient width for street trees between the sidewalk and
roadway should be required to provide a canopy effect over the roadways. The type of
street trees used should be those which have root systems that have proven to not cause
sidewalk or curb damage when in close proximity to such improvements.
CHAPTER 11 - SPECIAL AREAS AJ"ID SITES
IIA Implementation and Strategies
(I IAa) Protect and improve natural and man-made waterways.
(I lAg) Preserve existing trees and establish appropriate landscaping as a part of
new developments.
CHAPTER 12 - COMMUNITY DESIGN
12A Implementation Strategies
(12Aa) Establish and maintain a development pattern and desih1J1 criteria In
keeping with the rural transitional identity of Eagle. This includes growth within
the Impact Area that discourages or precludes the establishment of other City
centers.
(12Ao) Encourage the plantmg and preservation of trees that will create beauty
and add to the healthy environment of downtown (see Eagle Tree Plan below).
(12Aq) Maintain the rural residential character and open space environment in
and around the City.
12.5 Eagle Tree Plan
Goal
(12.5.1) To establish and enhance areas of tree growth that will create beauty, add
to a healthy environment and increase economic stability.
Objectives
(12.5.2) To create an urban forest that will help reduce air and nOIse pollution,
conserve water and reduce soil erosion, assist in modifying the local climate,
increase property values, and improve Eagle's economy by providing a pleasant
and more comfortable place to shop and live.
SOARING 2025 PLAN
CHAPTER 2 - COMMUNITY DESIGN
2.1 Background
As a part of the review of the 2000 Comprehensive Plan the City of Eagle, held
three public visioning sessions that asked the public to evaluate the "Built City"
or tell the City well they were doing in managing a guiding development in the
2000 AO\. This study found that the City of Eagle, though stable and solidified in
its vision to develop a city with a uniquely rural character, did not look to
integrate alternative housing options within the AO\. This section will discuss
the goals, objectives and implementation strategies related to Community Design,
Neighborhoods and housing options.
2.4 Objectives
Provide residents of the City of Eagle and the Area of City impact opportunities to
seek housing in a neighborhood of their choice.
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Create a clearly identifiable community.
2.5 Implementation Strategies
d. Create a City composed of neighborhoods in which basic amenities
(schools, utilities, parks, and services) are accessible, visually pleasing,
and properly integrated to encourage walking and cycling.
f. Encourage the preservation and public access to open space through
developments and as a rural design element of urbanizing areas.
j. Provide a variety of housing opportunities ranging from large lot
residential to multi-family apartment uses.
s. All urban development shall occur under the jurisdictional authority of the
City and be connected to municipal services.
CHAPTER 6 - LAND USE
6.4A General Strategies
b. Maintain a Future Land Use Map that encourages higher densities
around activity centers and transit routes but also provides for large
residential areas that continue to promote the rural character of the
City of Eagle (See Map 6.1)
6.4 E Floating Feather Planning Area
The Floating Feather Planning Area is designated as residential with
limIted ancillary uses to be incorporated as allowed by the planned unit
development standards. This area should provide trails, open space, and
parks in conjunction with varied housing options. The overall density of
the area is 1-2 units per acre.
6.4E.IUses
The land use and development policies specific to the Floating Feather
Planning Area include the following: Integration of mixed residential lot
sizes at a overall density of 1-2 units per acre;
Setbacks from streams, irrigation and drains for trails and open space;
Use of transitional lot sizes and clustering when new development abuts
Existing subdivisions, business and office use to the south;
School siting in the area shall focus on areas with higher densities to
decrease busing concerns, preference will be given to siting elementary
schools in this area. Densities around school sites shall not exceed 3 to 4
units per acre.
6.4E.3 Design
This area should be recognized as the signature residential area for the
Western Planning Area. The integration of varying lot sizes and uses
should be seamless with continuity of street design, open space, trails and
housing through out that area.
Lot configuration and housing sizes should be mixed throughout the area
to provide a variety of housing options within a single neighborhood or
development.
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6.4E.4 Issues
The main concerns in the development of the area are the integration of
varying lot sizes and housing styles. The vision for the area is contingent
on the integration of uses and providing a flow of housing units
throughout the area to avoid creating defined separation from estate areas
and patio home areas, for example. Further, the provision of open space
and trails through the area should be key to the development approval of
the area.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-3-3 (F) Maximum Units Per Lot, states m part:
Any buildable lot conforming to this title, with a zoning designation of R-E shall be
permitted a maximum of one single-family dwelling unit per lot.
. Eagle City Code Section 8-3-5 (A) (I) Accessory Building:
Will not be located in any required front or street side yard area.
. Eagle City Code Section 8-10-1 (B)
Initiation of Development Agreement:
I. A development agreement may be initiated for the rezoning of a particular parcel of
land or collection of parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
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 specIlied in thts
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 one existing subdivision and one
future subdivision, Cavallo Estates to the south and the future Shaunessy Subdivision (aka
Park Place Subdivision) to the north. The applicant proposes to apply for a lot split to divide
the property into two lots. There are two existing houses located on the subject property. The
applicant desires the lot split to have one house located on each of the future lots.
· The two houses located on the property currently have existing septic systems. The applicant
has previously received permits from the Central District Health Department to install both
septic systems. The Shaunessy Subdivision (aka Park Place Subdivision) located on the west
and north sides of the subject property will be required to install an 8" PVC main sewer line
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with the construction of the subdivision. The two houses have septic systems, they will be
over three hundred feet (300') from the future sewer line, and due to the topography will have
to cross the Dry Creek Canal located on the west property line to connect to the future sewer
line. With these circumstances, staff defers to the City Council on whether the two houses
should be required to connect to the future sewer line found within Shaunessy SubdivislOn
(aka Park Place Subdivision).
. Per the approval of the preliminary plats for Cavallo Estates Subdivision to the south and
Shaunessy Subdivision (aka Park Place Subdivision) to the north, the subdivisions were
required to construct a meandering detached 5-foot wide concrete sidewalk, berming, fencing,
and landscaping within a 25-foot wide buffer area along North Meridian Road. With the
annexation and rezone applications tor the subject property, the City Code does not
specifically require the applicant to provide any sidewalks, berming, fencing, and landscaping
within a buffer along North Meridian Road. Currently, the east property line along North
Meridian Road of the subject site contains a variety of mature evergreen trees and some
deciduous trees. It appears that all of the trees would need to be removed to provide berming
and fencing. In-lieu of providing a berm and fence, staff suggests the consideration of
retaining the existing trees. The applicant should be required to construct a meandering
sidewalk which is consistent with the Ada County Highway District's requirement to construct
a 5-foot wide concrete sidewalk along North Meridian Road.
. 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-E-DA (Residential Estates with a Development
Agreement) is equal to or less than the Residential Two 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, to serve all uses allowed on this property under the proposed
zone;
c. The proposed R-E-DA (Residential Estates with a Development Agreement) is
compatible with the R-E (Residential Estates) zoning district to the south and east
since the land uses have the same zoning designations as this site, and are developed
with lots of similar size;
d. The proposed R-E-DA (Residential Estates with a Development Agreement) is
compatible with the R-2-DA (Residential with a Development Agreement) zone and
land uses to the north and west since these lands have the same Comprehensive Plan
designation and the perimeter lots of the future subdivision will be developed with lots
of similar size;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone because the
developer will be required (as conditioned within the development agreement) to
remove all structures from the site that do not comply with the setbacks of the R-E
(Residential Estates) zoning district regulations.
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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
annexation and rezone with the conditions of approval to be placed within a development
agreement as 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
December 4, 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 4 to 0 (Jacobs absent) to recommend approval of A-16-06 & RZ-21-06 for
an annexation and rezone with a development agreement from RUT (Rural Urban Transition -
Ada County designation) to R-E-DA (Residential Estates with a development agreement) for Julie
Harrison with the following statIrecommended conditions to be placed within a development
agreement.
2.1 The maximum overall density of the property shall not exceed AO 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 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.
2A The houses on both lots shall be connected to the United Water system prior to the City Clerk
signing the lot split record of survey.
2.5 Provide a revised site plan showing a meandering, detached five foot (5') wide concrete
sidewalk (meeting ADA standards), no closer than eighteen feet (18') from the centerline of
North Meridian Road. The site plan shall be reviewed and approved by Staff prior to
construction of the sidewalk. The applicant shall construct the sidewalk prior to the City Clerk
signing the lot split record of survey. If the applicant locates any portion of the sidewalk
outside of the public right of way, the developer shall provide to the City the recorded easement
granting the allowance for public use and access on the portions of the sidewalk located outside
of the public right of way.
2.6 The developer shall remove all structures from the site that do not comply with the setbacks of
the R-E (Residential Estates) zoning district regulations prior to the City Clerk signing the lot
split record of survey. Demolition permits shall be obtained prior to the removal of any said
structures.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 3, 2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning CommisslOn was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 13, 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 November 6, 2006. The site was posted in
accordance with the Eagle City Code on November 22, 2006. Requests for agencies' revIews were
transmitted on October 13, 2006, in accordance with the requirements of the Eagle CIty Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-21-06)
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 rezone is in accordance with the CIty of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-E-DA (Residential Estates with a Development
Agreement) is equal to or less than the Residential Two classification shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having Jurisdiction over the public factlities needed
for this site indicate that adequate public facilities exist, or are expected to be provided as
conditioned in the development agreement, to serve all uses allowed on this property under the
proposed zone;
c. The proposed R-E-DA (Residential Estates with a Development Agreement) is compatible with
the R-E (Residential Estates) zoning district to the south and east since the land uses have the same
zoning designations as this site, and are developed with lots of similar size;
d. The proposed R-E-DA (Residential Estates with a Development Agreement) is compatible with
the R-2-DA (Residential with a Development Agreement) zone and land uses to the north and west
since these lands have the same Comprehensive Plan designation and the perimeter lots of the
future subdivision will be developed with lots of similar size;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as descnbed
within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone because the applicant will be
required (as conditioned within the development agreement) to remove all structures from the site
that do not comply with the setbacks of the R-E (Residential Estates) zoning district regulations.
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DATED this 18th day of December 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
\'\
,
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~s03 Pierce, Chairman
ATTEST:
ll~" \l- M~/J1~ ~/
-Sharon K. Bergmann, Eagle City Cl rk
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