Findings - PZ - 2007 - RZ-20-07 - Rz From Ar To Re-Da/Re-Subd Lot 15; Lot 16 To Eliminate2 Non Conform Parcels/660 Nbal(C)" R IG',INIAI-
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 )
COLETTE NYBORG )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ -20 -07
The above - entitled rezone with development agreement application came before the Eagle Planning and
Zoning Commission for their recommendation on October 1, 2007, at which time 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:
Colette Nyborg, represented by Shawn Nickel with SLN Planning, Inc., is requesting
approval of a rezone from A -R (Agricultural Residential) to R -E -DA (Residential Estates
with a development agreement) to facilitate the re- subdivision of a portion of Lot 15 & Lot
16 to eliminate two (2) non - conforming parcels. The +/- 2.28 acre and +/- 2.5- acre parcels
are located approximately 1/3 of a mile south of Floating Feather Road on the northeast
corner of the Ballantyne Lane and Hereford Drive intersection at 660 North Ballantyne
Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 9, 2007.
A Neighborhood Meeting was held on site at 7:00 PM, June 7, 2007, in compliance with
the application submittal requirement of Eagle City Code. The application for this item
was received by the City of Eagle on August 9, 2007.
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 September 10, 2007. 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 September 7, 2007. The site was posted in accordance with the Eagle
City Code on September 20, 2007. Requests for agencies' reviews were transmitted on
August 13, 2007, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: N/A
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: +/- 4.73 -acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See Letter of Justification submitted by the applicant date stamped by the City on August
9, 2007.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See Letter of Justification submitted by the applicant date stamped by the City on August
9, 2007.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central sewer and water are not readily available to the Baker's Acres subdivision. However, due
to the size of the new lot to be created (2.5 acres), a private well and septic system can be utilized
in accordance with Eagle City Code. Fire and medical emergency service will be available from
Eagle Fire District. The site abuts Hereford Drive, a local street, which has direct access to
Ballantyne Lane, a collector street. Police protection is provided by Ada County through contract
with the City of Eagle, and refuse disposal will be handled by BFI.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON - CONFORMING USES:
In 1997, the 4.3 acre lot was divided into two separate tax parcels. Since no rezone application or
lot split application was approved by the City, neither parcel is recognized as a "conforming"
parcel eligible for a building permit.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential One
A -R (Agricultural
Single Family Residential
Residential)
Proposed
No Change
R -E -DA (Residential Estate
Single Family Residential
with a development
agreement)
North of site
Residential One
A -R (Agricultural
Single Family Residential
Residential)
Bakers' Acres Subdivision
South of site
Residential One
A -R (Agricultural
Single Family Residential
Residential)
Bakers' Acres Subdivision
East of site
Residential One
A -R (Agricultural
Single Family Residential
Residential)
Bakers' Acres Subdivision
West of site
Residential One
R- 2 -DA -P (Residential Two
Single Family Residential
with a development
Subdivision (Countryside
agreement, PUD)
Estates)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: +/- 4.73 -acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See Letter of Justification submitted by the applicant date stamped by the City on August
9, 2007.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See Letter of Justification submitted by the applicant date stamped by the City on August
9, 2007.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central sewer and water are not readily available to the Baker's Acres subdivision. However, due
to the size of the new lot to be created (2.5 acres), a private well and septic system can be utilized
in accordance with Eagle City Code. Fire and medical emergency service will be available from
Eagle Fire District. The site abuts Hereford Drive, a local street, which has direct access to
Ballantyne Lane, a collector street. Police protection is provided by Ada County through contract
with the City of Eagle, and refuse disposal will be handled by BFI.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON - CONFORMING USES:
In 1997, the 4.3 acre lot was divided into two separate tax parcels. Since no rezone application or
lot split application was approved by the City, neither parcel is recognized as a "conforming"
parcel eligible for a building permit.
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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:
ACHD
DEQ
Central District Health
Chevron Pipeline
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:
The Comprehensive Plan Land Use Map, adopted February 13, 2007, designates this site as
Residential One:
"Suitable primarily for single family residential development within areas that are rural in
character. Maximum density of up to 1 unit per 1 acre ".
6.5(c): Land Use Objectives
To discourage lot splits in approved subdivisions
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, 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:
The Comprehensive Plan Land Use Map designates this site as Residential One (up to one
dwelling unit per acre). While the land use map designates the site as Residential One, there
are other provisions within the Comprehensive Plan that would preclude a rezone to R -1 at
this time, such lot size compatibility with surrounding properties. To facilitate the applicant's
request in accordance with the desires of the Bakers Acres Homeowners Association, an R -E-
DA (Residential Estates — one unit per two acres with a development agreement) zoning
designation may be more appropriate for this site. An R -E -DA zone for the property would
allow the applicant the realization of the land use that was expected (by the applicant) when
the property was purchased, while still providing compatibility with the existing lots within the
Bakers' Acres Subdivision. The purpose of this rezone application is to facilitate the division
of the 4.73 -acre site into to two parcels via a lot split. Section 6.5(c) of the City of Eagle 2007
Comprehensive Plan discourages lot splits in approved platted subdivisions and under
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ordinary circumstances, a staff recommendation for denial of this proposal would be the
appropriate course of action. However, because this particular property was previously
"divided" into two separate tax parcels in 1997, there has become a general understanding by
the Bakers Acres HOA that two separate home sites exist, as evidenced by the amendment the
HOA made to the CC &R's in 2001. The amendment states that "Lots 15 & 16 are recognized
as each consisting of two separate parcels of two and one half (2 ' /z) acres each."
While the HOA recognizes the parcels as building sites, the City of Eagle, to date, does not. If
this application were approved, coupled with the approval of a future lot split, then the City
would recognize the parcels a being eligible for a building permit. The applicant understands
and supports the fact that CC &R's are not something the City can enforce, but rather are a
private agreement between property owners. The fact that the CC &R's were amended by the
HOA does illustrate that the applicant has acted in good faith to gain subdivision HOA
support. Therefore, a zone change to R -E -DA would allow the 4.73 acre parcel to be properly
divided into two (2) plus acre parcels, which meet the minimum lot size of the zone, without
creating dissent among the HOA.
Bakers' Acres Subdivision contains single family dwellings on lots ranging from 2.3 acres to
5.0 acres. Also, as noted above, the neighbors in the subdivision have known that the property
in question was intended to have an additional dwelling. The development to the west
(Countryside Estates) is zoned R- 2 -DA -P (Residential- two units per acre with a development
agreement, PUD) and contains single family dwellings on lots as small as 11,000 square feet.
Additionally, Lockwood Subdivision to the north is zoned R -1 (residential — one unit per acre
maximum) and containing one acre lots; Covenant Hill, also to the north, zoned R -1
(Residential — one unit per acre maximum) with one acre lots; Downing Downs to the
northeast, zoned R -1 (residential -one unit per acre maximum) with one acre lots. Each of these
examples indicates that allowing one additional dwelling will not negatively change the
character of the area.
• 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 -E -DA (Residential Estates with a development
agreement) is in accordance with the proposed land use described within the
Comprehensive Plan;
b. The proposed R -E -DA (Residential Estates with a development agreement) will
accommodate a future lot split or subdivision application which will then accommodate
the placement and construction of an additional dwelling unit on the proposed parcels;
c. The proposed R -E -DA (Residential Estates with a development agreement) is compatible
with the R- 2 -DA -P (Residential -two units per acre with a development agreement, PUD)
zone and land use to the west since that area contains single family dwellings on lots as
small as 11,000 square feet;
d. The proposed R -E -DA (Residential Estates with a development agreement) is compatible
with the R -1 and R -2 (Residential — one unit per acre to the north and east/Residential -two
units per acre maximum to the south) zones and land uses to the north, east, and south;
e. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
f. No non - conforming uses are expected to be created with this rezone.
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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 rezone from A -R (Agricultural Residential) to R -E -DA (Residential Estates with a
development agreement) with the following conditions to be placed within a development
agreement:
2.1 The maximum overall density of the property shall not exceed one (1) dwelling unit
per two acres.
2.2 The Concept Plan 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 an application is made and the conditions within this agreement shall be
satisfied.
2.4 The applicants shall be required to work with the adjacent property owners to the
north to re- subdivide Lots 15 and 16, Block 1 of Baker's acres Subdivision. The
applicant shall submit a preliminary plat application for the re- subdivision of Lots 15
and 16, Block 1 to be reviewed and approved by the City prior to adoption of an
ordinance to re -zone the Nyborg Property. Failure to submit a preliminaa plat
application to the City within six (6) months from the date of approval of rezone shall
cause all approvals of said rezone to be null and void.
2.5 The applicant and her successors and /or assigns hereby agrees to indemnify, , defend
and hold harmless the City against any and all liability, claims, suits, losses, costs and
legal fees caused by, arising out of, or resulting from the approval of a rezone and
subsequent preliminaa plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
1, 2007, 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 (other than the applicant/representative)
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COMMISSION DECISION:
The Commission voted 3 to 1(Aspitarte absent, Zastrow against *.) to recommend approval of RZ-
20-07 for a rezone from A -R (Agricultural Residential) to R -E -DA (Residential Estates with a
development agreement) with the following conditions to be placed within a development
agreement:
2.1 The maximum overall density of the property shall not exceed one (1) dwelling unit
per two acres.
2.2 The Concept Plan 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 an application is made and the conditions within this agreement shall be
satisfied.
2.4 The applicants shall be required to work with adjacent property owners to the north
to re- subdivide Lot 15 and Lot 16, Block 1 of Baker's Acres Subdivision. The
applicant shall submit a preliminaty plat application for the re- subdivision of Lot 15
and Lot 16, Block 1 to be reviewed and approved by the City prior to an adoption of
an ordinance to re -zone the Nyborg_Pro_perty. Failure to submit a preliminary plat
application to the City within six (6) months from the date of approval of a rezone
shall cause all approvals of said rezone to be null and void.
2.5 The applicant and her successors and /or assigns hereby agrees to indemnify, defend
and hold harmless the Cityagainst any and all liability, claims, suits, losses, costs
and legal fees caused by, arising out of, or resulting from the approval of a rezone
and subsequent re- subdivision of Lot 15 and Lot 16 within the Baker's Acres
Subdivision.
* Commissioner Zastrow stated his vote is based on the results in a lot split. He feels it contradicts what the
rest of the subdivision is in favor of and feels it is inappropriate.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 9, 2007.
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 September 10, 2007. 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 September 7, 2007. The site was posted in
accordance with the Eagle City Code on September 20, 2007. Requests for agencies' reviews were
transmitted on June 18, 2007, in accordance with the requirements of the Eagle City Code.
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3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ- 20 -07)
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 in accordance with the proposed land use described within the Comprehensive Plan;
b. The proposed R -E -DA (Residential Estates with a development agreement) will accommodate the
realization of the land use that was expected by the applicant when the property was purchased,
while still providing compatibility with the existing lots within Baker's acres Subdivision;
c. The proposed R -E -DA (Residential Estates with a development agreement) is compatible with the
R- 2 -DA -P (Residential - two units per acre with a development agreement, PUD) zone and land
use to the west since that area contains single family dwellings on lots as small as 11,000 square
feet;
d. The proposed R -E -DA (Residential Estates with a development agreement) is compatible with the
R -1 (Residential — one unit per acre maximum) zone and land uses to the north;
e. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
f. No non - conforming uses are expected to be created with this rezone.
DATED this 5th day of November 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Jas Pierce, Chairman
ATTEST: ,0,099 " "'••••
�. EAG1
�•• p �...... • F
i
Sharon k. Bergmann, Eagle City Clerk j 0 Q ,* _
. o+ _
0�
P, q0=
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