Findings - PZ - 2006 - RZ-22-06 - Rz From Ar To Re-Da/4.74 Acres/1200 N. Beverly Drive/Lot 1;Blk 1, Wehren Subdivision
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM A-R (AGRICULTURAL )
RESIDENTIAL) TO R-E-DA (RESIDENTIAL )
ESTATES WITH A DEVELOPMENT )
AGREEMENT) FOR JOHN JOHNSTON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-22-06
The above-entitled annexation and rezone applications carne before the Eagle Planning and Zoning
Commission for their recommendation on January 8, 2006, 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:
John Johnston, represented by Doug Russell, ASLA with The Land Group, Inc., is
requesting approval of a rezone from A-R (Agricultural-Residential) to R-E-DA
(Residential-Estates with development agreement), The 4.74-acre site is located on the
southeast comer of North Beverly Drive and Floating Feather Road at 1200 North Beverly
Drive (Lot I, Block I, Wehren Subdivision),
B. APPLICA TlON SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, October 16, 2006, at The Land Group
office located at 462 East Shore Drive, Eagle, Idaho 83616, 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 19,2006
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 Code on December 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 December 13, 2006. The site was posted in accordance with the Eagle City Code
on December 19,2006, Requests for agencies' reviews were transmitted on November 4,
2006, in accordance with the requirements of the Eagle City Code,
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E, COMPANION APPLICATIONS: None
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F, COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DE SIGNA TIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One A-R (AgricuItural- Single family dwelling
Residential) and accessory building
Proposed No Change R-E-DA (Residential Single family dwellings
Estates with development
agreement)
North of Residential Estates R-E (Residential-Estates) Single family dwellings
site
South of Residential One A-R (AgricuIturaI- Single family dwelling
site Residential)
East of site Residential One R-I-DA (Residential with Pasture/future Sylvan
development agreement) Woods Subdivision
West of site Residential One A-R (AgriculturaI- Single family dwelling
Residential)
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is not located within the DDA, TDA, CEDA, or DSDA.
H, TOTAL ACREAGE OF SITE: 4.74-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on October 19,2006, provided by
the applicant's representative,
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See attached justification letter date stamped by the City on October 19, 2006, provided by
the applicant's representative,
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Sewer and water will be provided by Eagle Sewer District and United Water Company
(respectively) through the extension of an existing sewer main and water main,
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M, NON-CONFORMING USES:
The existing residential dwelling unit and accessory building located on this site do not
meet the required front yard setback for the R-E (Residential-Estates) zoning district,
which is fifty feet (50'). The front setback of the dwelling unit is twenty three feet (23')
and the front setback of the accessory building is twenty seven feet (27').
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N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. 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 Power Company
United Water Company
0, LETTERS FROM THE PUBLIC: None received to date,
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map designates this site as Residential One.
Chapter 6 - Land Use
Residential Estates
Suitable primarily for single family residential development on acreages may be in
transition from agricultural to residential use or may combine small scale agricultural
uses with residential uses.
6,5 Goal
To preserve the rural transitional identity.
6,7 Implementation Strategies
a, Preserve the natural features and resources of Eagle,
b, Establish land use patterns and wning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
L 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 12 - Community Design
12.4 Implementation Strategies
a, Establish and maintain a development pattern and design 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,
o. Encourage the planting and preservation of trees that will create beauty and
add to the healthy environment of downtown (see Eagle Tree Plan below).
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q. Maintain the rural residential character and open space environment in and
around the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULA TIONS:
Zoning
District
Maximum
Height
35'
Front Rear Interior Street Maximum Minimum Lot Area Minimum Lot
Side Side Lot Covered (Acres Or Sq. Ft) Width
R-E
50' 30' 20'
35'
20%
I. 8 acres
100'
· Eagle City Code Section 8-2A-7 J(4)(b) Major Roadways:
b, Any road designated as a minor arterial on the Ada County long range highway and
street map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall
be provided with the folJowing plants per one hundred (100) linear feet of right of
way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted
with two (2) flowering/ornamental trees, provided that not more than fifty percent
(50%) of the shade trees are substituted,
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one foot (1 ') vertical
distance, If a decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
C, SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· Eagle City Code Section 9-3-6 Easements:
A. Unobstructed utility easements shalJ be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shalJ not be less than
twelve feet (12').
B, Unobstructed drainageway easements shalJ be provided as required by the city council.
C. All natural drainage courses shall be left undisturbed or be improved in a manner
which will improve the hydraulics and ease of maintenance of the channel.
· Eagle City Code Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
· Eagle City Code Section 9-4-1-8 UNDERGROUND UTILITIES
Underground utilities are required,
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· Eagle City Code Section 9-4- I -9 WATER SUPPLY AND SEWER SYSTEMS
A,Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications, All new public water supply or sewer systems shall be an
extension of an existing public system whenever possible. In the event that the proposed
public water supply or sewer system is not an extension of an existing public system, there
shall be a showing by the subdivider that the extension is not feasible and not in the best
interest of the public,
· Eagle City Code Section 9-4- I - I 2 LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required
for the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision
plats shall show the location of all buffer areas.
D. DISCUSSION:
· The Eagle Comprehensive Plan Land Use Map designates the property as "Residential One"
with a density not to exceed I unit per acre.
· The applicant is requesting approval of a rezone from A-R (Agricultural-Residential) to R-E-
DA (Residential-Estates with development agreement). Upon approval of a rezone, the
applicant intends on submitting a lot split application to create two lots of approximately 2.37-
acres in size. The applicant's justification letter, date stamped by the City on October 19,
2006, indicates that the two lots will be serviced by United Water Company and will utilize
septic systems for the sewage treatment.
· The Eagle Sewer District's letter, date stamped by the City on January 4, 2007, indicates that
the Central Sewer Master Plan shows central sewer for this property to be provided via a
twelve inch (12") PVC main sewer trunk line extending from Park Lane down Floating
Feather Road (the line does not exist to date), The letter states a considerable amount of sewer
infrastructure would be required to be installed to service two lots. The Districts letter also
indicates the possibility of this development being served through the Sylvan Wood
Subdivision proposed to the east of this site. While each of the lots within Wehren
Subdivision have the ability to apply for a rezone and lot split, staff is concerned with six lots
developing into twelve lots and remaining on septic systems. Thus, staff recommends that the
developer of this site work with the Eagle Sewer District to determine how to best service this
area with central sewer, This site, which is not currently annexed into the Eagle Sewer
District's boundaries, will be required to be annexed into their boundaries prior to the City
accepting a development application (Le,: lot split or subdivision application) for this site, A
letter of approval will need to be provided to the City from the Eagle Sewer District approving
the final construction plans prior to issuance of building permits for any future lots.
· The existing residential dwelling unit and accessory building located on this site do not meet
the required front yard setback for the R-E (Residential-Estates) zoning district, which is fifty
feet (50'). The front setback of the dwelling unit is twenty three feet (23') and the front
setback of the accessory building is twenty seven feet (27'). In order for the dwelling unit to
be incompliance with the required front yard setback as stated within Eagle City Code, the
dwelling unit needs to be relocated twenty seven feet (27') to the east. Staff defers comment
to the Commission and Council with regard to requiring the dwelling unit to be relocated to
meet the fifty foot (50') front yard setback. If the Commission and Council allow the dwelling
unit to remain in its Current location, condition 2. I I of the development agreement needs to be
deleted.
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· Per Eagle City Code, accessory Structures are not permitted to be located within any front or
street side yard areas, Any accessory buildings one hundred twenty (120) square feet in area
or larger are required to comply with the minimum setbacks as required in section 8-2-4 of
Eagle City Code. In order for the accessory Structure to be in compliance with the required
front yard setback as stated within Eagle City Code, the accessory building needs to be
relocated twenty three feet (23 ') to the east Staff defers comment to the Commission and
Council with regard to requiring the accessory Structure to be relocated to meet the fifty foot
(50') front yard setback. If the Commission and Council allow the accessory building to
remain in its Current location, condition 2,12 of the development agreement needs to be
deleted.
· This site is located on the south side of Floating Feather Road and adjacent to Sylvan Wood
Subdivision (proposed to the east of this site), Floating Feather Road is classified as a minor
arterial which requires a fifty foot (50') wide landscape buffer area (not including right-of-
way) when development is proposed adjacent to Floating Feather Road. The Dry Creek Canal
runs parallel to Floating Feather Road, has a seventy foot (70') wide easement, and is located
on this sites north property line.
On December 14, 2006, the Eagle Design Review Board reviewed and approved the common
area landscaping within Sylvan Wood Subdivision. The Board recommended approval ofan
Alternative Method of Compliance application for the buffer area required along Floating
Feather Road because of the location of the Dry Creek Canal and the width of its easement
The Board recommended approval of a twenty three foot (23') wide landscape buffer along
the north boundary of the Sylvan Wood Development to be located outside of the easement of
the Dry Creek Canal.
Staff recommends that the applicant of the subject site be required to continue the landscape
buffer along Floating Feather Road, so as to match the improvements proposed within Sylvan
Wood Subdivision, The applicant should be required to provide a landscape plan showing a
landscape buffer along Floating Feather Road to be reviewed and approved by the Design
Review Board prior to the City Clerk signing a lot split record of surveyor subdivision 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 ofR-E-DA is in accordance with the Residential
One classification shown on the Comprehensive Plan Land Use Map since the
proposed density is less then that permitted in the Residential One classification;
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, to serve any and all uses allowed on
this property under the proposed zone;
c. The proposed R-E-DA zone (Residential - up to one unit per two acres) is compatible
with the A-R (agricultural Residential) zone and land uses to the west and south since
that area is designated on the Comprehensive Plan Land Use Map as Residential One
classification;
d. The proposed R-E-DA zone (Residential - up to one unit per two acres) is compatible
with the R-E (Residential Estates) zone and land uses to the north;
e, The proposed R-E-DA zone (Residential - up to one unit per two acres) is compatible
with the R-I-DA (Residential One with development agreement) zone and land uses
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to the east;
f. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone, if all conditions
required within the development agreement are complied with.
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 with conditions 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 January
8, 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 2 to 2 (Pierce and Jacobs against, McCarrell abstained); a tie vote results
in a recommendation of denial of RZ-22-06 for an annexation and rezone with a development
agreement from A-R (Agriculture Residential) to R-E-DA (Residential _ one dwelling unit per two
acres) for John Johnston,
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on October 19, 2006.
2, 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
Code on December 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 December 13, 2006. The site was posted in
accordance with the Eagle City Code on December 19, 2006, Requests for agencies' reviews were
transmitted on November 4,2006, in accordance with the requirements of the Eagle City Code,
3, The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-22-06)
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 application is not in accordance
with the City of Eagle Code Section 8-7-5 because;
The site is non-conforming because the existing residential structure and accessory structure do not
meet the required fifty foot (50') front yard setback from Beverly Drive. The applicant could achieve a
favorable recommendation by the Commission by either removing the non-conforming Structures off
the site or moving them on-site to conform with the applicable setbacks of the zone.
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DA TED this 22nd day of January 2006,
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~" Ch'S-:-~
ATTEST:
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