Findings - PZ - 2008 - A-19-07/RZ-26-07 - Rz From Rut To Re-Da/5.33 Acre Site/582 W. River Heights Dr.
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT TO R-E-DA FOR )
HAROLD "HAL" AND MARY KAY)
BUNDERSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-19-07 & RZ-26-07
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on January 28, 2008, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning 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:
Harold "Hal" and Mary Kay Bunderson are requesting approval of an annexation and
rezone from RUT (Rural Urban Transition-Ada County Designation) to R-E-DA
(Residential-Estates-one unit per two acres with a development agreement). The 5.33-acre
site is generally located on the north side ofW. River Heights Drive approximately one
hundred fifteen feet (115') west ofS. Winward Drive, Lot 6, Block 3, of Winward River
Heights Subdivision, at 582 W. River Heights Drive.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held from 6:00 PM to 7:00 PM, October 24,2007, in
compliance with the application submittal requirements of Eagle City Code. The
application for this item was received by the City of Eagle on November 21,2007.
Coo 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 January 4, 2008. 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 January 4, 2008. Requests for agencies' reviews were transmitted on November
30,2007, in accordance with the requirements of the Eagle City Code. The site was posted
in accordance with the Eagle City Code on January 17,2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates RUT (Rural Urban Transition- Single Family Residential
Ada County designation) (Winward River Heights
Subdivision)
Proposed No Change R-E (Residential Estates) No Change
North of site South Channel-Boise PS (Public/Semi Public) Regional Park (Eagle
River, Eagle Island Island State Park)
State Park
South of site Residential Estate RUT (Rural Urban Transition- Single Family Residential
Ada County designation) (Winward River Heights
S ubd ivision)
East of site Residential Estate RUT (Rural Urban Transition- Single Family Residential
Ada County designation) (Winward River Heights
Subdivision)
West of site Residential Estate RUT (Rural Urban Transition- Single Family Residential
Ada County Designation) (Winward River Heights
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 5.3 acres
Acres of Residential: 3.4 acres
Acres in Floodplain: 1.9 acres
Total Area 5.3 acres
(Inclusive of Floodplain Area)
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter, attached to the staff report, dated November 21, 2007,
provided by the applicant.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See attached justification letter, attached to the staff report, dated November 21, 2007,
provided by the applicant.
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K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central sewer and water are not readily available to the Winward River Heights
Subdivision. However, until a development application has been submitted by the
applicant, a private well and septic system can be utilized in accordance with Eagle City
Code. Fire and medical emergency service will be available from Meridian Fire District.
The site abuts W River Heights Drive, a local street, which has direct access to Meridian
Road, identified on the comprehensive plan transportation/pathway network map as an
urban collector.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes - Scenic Area, Floodway/Floodplain,
Slope
Evidence of Erosion - No
Fish Habitat - Yes - adjacent to the South Channel of the Boise River
Floodplain - Yes - 1.9 acres adjacent to South Channel of the Boise River
Mature Trees - Yes
Riparian Vegetation - Yes
Steep Slopes - Yes - between "in flood hazard area" and "out of flood hazard area" land
Stream/Creek - South Channel of the Boise River
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - Unknown
Wildlife Habitat - Yes - within riparian area of South Channel and the Boise River itself
N. NON-CONFORMING USES: None
O. 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
Chevron Pipeline
Department of Environmental Quality
Idaho Department of Lands
P. 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 Estates and
Floodway.
Residential Estates
Suitable primarily for single family residential development on acreages that may be in
transition from agricultural to residential use or may combine small scale agricultural uses
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with residential uses. An allowable maximum density of up to 1 unit per 2 acres is
pennitted in R-E (Residential Estates) zoning districts.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant
hazards during a flood event. Also, the floodway areas shall not be considered as a part of
the minimum area of open space required (as required within the zoning ordinance) unless
developed as noted within this paragraph. Floodway areas shall be excluded from being
used for calculating pennitted residential densities. Any portion of the flood way
developed as a substantially improved wildlife habitat area open to the public, or useable
public open space, such as a pathways, ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required
for a development.
When discrepancies exist between the floodway boundary shown on the Land Use Map
and the floodway boundary shown on the Federal Emergency Management Administration
maps such that the floodway area is smaller than that shown on the Land Use Map the
adjacent land use designation shown shall be considered to abut the actual flood way
boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway
area on the Comprehensive Plan Land Use Map should be revised to reflect any new
floodway line.
. 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 comes 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. Service providers
currently include:
a. The City of Eagle which provides administrative services, library services,
and a portion of the water service.
b. The Eagle Sewer District which provides sewer service within a designated
sewer service area. Larger lot homes have wells and septic systems and must
comply with Central District Health Department requirements.
c. The Meridian and Boise School Districts which provide K-12 education.
f. The Eagle Fire District which provides fire and emergency services.
g. Private canal companies and drainage districts which provide irrigation water
and drainage water management.
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4.6 Domestic Water
4.6.1 Domestic Water - Existing and Future Conditions
Eagle Water Company (EWC), United Water Idaho (UWI) and the City of Eagle
(City) are the major domestic water providers in and around the City. A few
residential subdivisions own and operate their own water systems and individual
domestic wells are also used in the City. UWI provides backup fire and
emergency storage to the eastern portion of the City's service area through an
agreement approved by the Public Utilities Commission.
In 2005, the City adopted a Water System Master Plan that defines existing and
future service areas. The Master Plan identifies major infrastructure requirements
in the service area including storage tanks and water transmission mains from
Linder Road to Highway 16 and from Homer Road to Highway 20/26. The
Master Plan called for the City to create a Public Works Department including
hiring a Public Works Director. Subsequently, the City has undertaken efforts to
budget for and hire staff to begin the process realizing that goal.
The City has also implemented other aspects of the Plan including applying for
water rights and obtaining approval for wells for its western growth area.
Construction of a one million gallon reservoir, a new city well and a SCADA
control system will be completed in the fall of2007.
4.7.1 Sewer Existing and Future Conditions
The Eagle Sewer District (ESD), was established in 1963 as a public entity
separate from the City of Eagle. The ESD service area generally corresponds to
the area within the Eagle City limits. Extensions of the ESD service area are
accomplished by actions of the ESAD Board of Directors, and for the most part
match annexations to the City. However, the extensions do not have to match
annexations to the City either in location or in time.
ESD serves all of the residential and commercial users in the City that are
receiving central sewer service. In addition to users served by central sewer, many
homes in the District's service area utilize individual septic tanks and drain fields
for on-site wastewater treatment and disposal. The District currently treats the
wastewater to secondary standards and discharges the treated effluent to the City
of Boise wastewater treatment facilities for ultimate treatment and disposal under
a long-tenn agreement between the District and the City of Boise.
Due to total pollutant loading limitations for the Boise River, standards for treated
wastewater effluent discharges to the Boise River may become far more stringent
in the future than they are at present. Treated wastewater disposal for waste
generated by future development may at some time require alternatives to steam
discharge.
ESD will continue to plan for consequences of such potential intensification of
steam discharges to meet the needs for central sewer in areas within the City. ESD
is committed to providing central sewer service to areas within the City of Eagle.
It is the City of Eagle's policy to accommodate orderly and appropriate
development at a pace that does not unreasonably impede or burden the
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development process. Timely extension of sewer service is an essential feature of
orderly development. Hence, in the future the City of Eagle will take an active
interest in sewerage and wastewater issues.
4.8.1 Stonn Drainage and Flood Control Existing Conditions
Stonn Drainage: The increase in construction in the Area of City Impact will
result in an increase in impenneable surfaces such as rooftops, asphalt streets and
concrete drives. An increase in impenneable surface area increases the volume
and alters the location of stonn water which must be controlled and managed to
protect public health and safety. In addition, many receiving streams have
abundant fish and other aquatic life which must be protected from pollutants that
the stonn water may carry into the receiving stream. The City of Eagle has made
significant progress in setting standards for stonn water discharge by developing
standards for surface and subsurface discharge. The standards are designed to
protect receiving streams by requiring new developments to utilize onsite
subsurface treatment facilities for stonn water runoff.
Flood Control: River-front property provides a unique setting for homeowners
and is an amenity that is highly sought after by Eagle residents. The construction
of homes along the fragile and potentially dangerous river front presents
challenges for the City. Continued development and infill of the floodplain
decreases the river's response time and increases the duration and intensity of
flood events to downstream residents. The City of Eagle has taken the lead in
establishing a "no net loss" policy and set-back standards for protection of
residents so that continued development in river front areas will not jeopardize the
health and safety of property owners.
. Chapter 6 - Land Use
6.6 Land Use Implementation Strategies
a. Conserve the natural features and resources of Eagle.
q. Support City of Eagle flood and stonn drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
w. Use smaller planning areas to help guide development in the western
planning area.
6.8.8 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses
that have been developed as one-acre and five-acre lots through the Ada County
development process. The future land uses in the area are predicated on Linder
Road being the only Eagle City river crossing between Eagle Road and Star Road,
and the need to buffer and preserve the existing residential developments.
a. Uses
The land use and development policies specific to the Rim View Planning
Area include residential, commercial, office uses, open space and recreation
areas. Non residential uses will be focused on the intersection of Chinden
Boulevard and Linder Road.
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. Chapter 7 - Natural Resources and Hazard Areas
7 .1 Topography:
The City of Eagle is located approximately 8 miles northwest of downtown Boise.
The City rests upon the relatively flat fluvial floodplain of the Boise River, at an
elevation of2,555 feet above mean sea level. The topography of the Eagle impact
area is one of the slight elevation differences across the valley floor. From a point
two miles south of Eagle near Highway 20 to another point one mile north of
Eagle along Dry Creek, the land's elevation varies by only 45 feet. The
northeastern corner of the impact area skirts the lower reaches of the Boise Front
foothills where more pronounces topographical differences can be noted.
The valley floor immediately south of Eagle is dissected by both the north and
south channels of the Boise River. Approximately % of a mile to the north of the
river is a bench that rises about 40 feet above the valley floor. This bench divides
the City of Eagle into two distinctive physical units. The land below the Bench
consists of low lying floodplain sediments with a tabletop elevation fonn. The
lands upon the bench are representative of older, more dissected deposits from the
Boise Front. These lands have a more rolling topographic appearance.
Because of the Boise River channels and Dry Creek, several flood plain areas
exist.
7.5 Water Resources:
7.5.1 Surface Water:
The Boise River carries water for irrigation and provides fishing, water-fowl
hunting (not pennitted in city limits), and recreation.
Dry Creek is an intennittent stream which joins the Boise River immediately west
of the Eagle town site.
The Eagle planning area is crossed by eight irrigation systems: the Fanners Union
Canal, New Dry Creek Canal, New Union Ditch, Breshears Lateral, Ballantyne
Canal, the mason Catline Canal, Capital View Canal and the Boise Valley Canal.
7.8 Hazard Areas:
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle AOI. Future areas may be added to the Comprehensive Plan
when deemed necessary.
Areas of flooding consist of two parts: (1) the floodway which is the most severe
area of flooding characterized by deep and fast moving water; and (2) the
floodplain which is less severe than the floodway and is characterized by
shallower and slower moving waters at the time of flooding.
The Dry Creek Floodplain has a potential for flash flooding while the Boise River
would probably flood due to seasonal weather conditions.
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A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open
space area, a recreational area and/or nature area, may be encouraged in the 100-
year floodplain of the Boise River and Dry Creek.
The floodway is shown as a generalized area only on the land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the flood way and floodplain boundaries are located.
. Chapter 8 - Transportation
8.1 Background:
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modern, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
. Chapter 10 - Housing
10.1 Background
The Eagle area is transitioning from primarily agricultural land uses to residential
and commercial land uses. Eagle's quiet chann and agricultural roots have made
the community a mecca for those seeking larger lots for open space and gentleman
fanning. Over the last years much of the agricultural land has been divided into a
variety of parcel sizes which are highly sought after by many urban residents.
Density options that reconcile quality of life and costs of services issues must be
balanced and will require compromise by all parties.
. Chapter 12 - Community Design
12.2 Goals
Protecting the City's character: Strive to create an aesthetically pleasing
community and protect the unique natural beauty and small town character of the
City.
Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve
the function of regionally significant roadways through the City while ensuring
compatibility with land uses and design standards of the City.
Identifying "Activity Centers": Identify areas that, due to the nature of existing
uses, future uses and/or transportation corridors, will lend themselves to increased
activity and non-residential use and will therefore allow the City to preserve larger
areas as primarily residential neighborhoods.
12.4 Implementation Strategies
a. Establish and maintain development patterns and design criteria in keeping
with the rural transitional identity of Eagle.
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n. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
q. Encourage the development of pathways and open-space corridors throughout
the City.
aa. Limit non-residential uses to designated areas and make scaling and intensity
of use paramount criteria during the review and approval process.
cc. Provide a variety of housing opportunities ranging from large lot residential to
multi-family apartment uses.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-10-1 Requirements and Restrictions:
A. 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.
B. Initiation of Development Agreement:
1. A development agreement may be initiated for the rezoning of a
particular parcel ofland or collection of parcels ofland 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 detennination 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 detennination 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.ln the event of either of the above, all time limits required by this code
may be stayed upon affinnative vote of the commission or council.
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C. Fonn of Development Agreement: A development agreement shall be in the
fonn required by the zoning administrator. No agreement shall be accepted
by the zoning administrator which does not include the following:
1. An affidavit by the owner of the parcel agreeing to submit the parcel to a
development agreement.
2. The specific use or uses of the parcel for which the development
agreement is sought.
3. The allowed or conditional use in the conditional zone for which
application has been made.
4.A concept plan of the project to be developed on the parcel. The concept
plan shall include:
a. A description of the density allowed or sought; and
b. Maximum height, size, and location of any structures on the
property .
5. The time required to begin the use on the property.
6.A statement by the owner of the parcel that failure to comply with the
commitments in the development agreement shall be deemed consent to
rezone the use to the preexisting zone or, in the case of an initial zone at
annexation, a zone deemed appropriate by the council.
7.Any other matter agreeable to the parties.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
No development is proposed at this time.
D. DISCUSSION:
· The Comprehensive Plan Land Use Map designates this site as Residential-Estates and
Floodway. The Comprehensive Plan Land Use Map also designates this area as located within
the Rim View Planning Area. The applicant is requesting a R-E-DA (Residential-Estates with
development agreement) zoning designation to develop the property in the future in a manner
consistent with the Rim View Planning Area.
· The Ada County Highway District (ACHD) provided a letter, date stamped by the City on
December 6, 2007, stating that since this application is for an annexation and rezone with no
development plans they have no comment. However, ACHD recommends that the applicant
schedule a pre-application meeting with ACHD staff prior to design and submittal of a
development application.
· The Idaho Department of Lands provided a letter date stamped by the City on December 10,
2007, stating that prior to submittal of any development plans, the applicant should work with
the Department of Lands to clear ownership for lands contained within the beds and banks of
the river below the ordinary high water mark, through either a Quiet Title action through the
courts, or a Disclaimer ofInterest from the Department of Lands,
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STAFF RECOMMENDED FINDINGS:
· Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the infonnation 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 development
agreement) is consistent with the Residential-Estates designation as shown on the
Comprehensive Plan Land Use Map;
b. The infonnation 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 any and all uses allowed on this property under the
proposed zone;
c. The proposed zone is compatible with the zoning and uses in the surrounding area
because adjacent properties can be developed in a similar manner;
d. No non-confonning uses are expected to be created with this rezone if the conditions
to be placed within the development agreement are achieved.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the infonnation provided to staff to date, staff recommends approval of the requested
annexation and rezone with conditions to be placed within a development agreement as 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 January
28, 2008, 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 one
(1) individual who stated had he been contiguous to Mr. Bunderson's property he would have
submitted applications for annexation and rezone for his property as well.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by five (5) individuals who had concerns that the application, if approved, would lead to degradation
of their unique neighborhood and wants to preserve the five (5) acre lot sizes within the Winward
River Heights Subdivision. Additional letters of opposition were submitted and read into the record
that reiterated oral testimony in opposition to the proposal voiced by those in attendance.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend denial of A-19-07 and RZ-26-07 for an annexation and
rezone from RUT to R-E-DA for Harold "Hal" and Mary Kay Bunderson. The Commission
concluded that the Residential Estate Comprehensive Plan designation is intended as a guide and
that densities of one unit per two acres may be considered for the site provided, however, that
consideration is given, in part, to the compatibility of the proposed development on surrounding
properties. The Commission also concluded that if the applicant were to work with the residents of
Winward River Heights Subdivision seek consensus for the creation of smaller lots than what
currently exists today, then a rezone may be considered at that time for allowing additional densities
within this area.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on October 24,2007, from 6:00 PM to 7:00 PM, at 232 River
Heights Drive, in compliance with the application submittal requirements of Eagle City Code. The
application for this item was received by the City of Eagle on November 2],2007.
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 January 4, 2008. 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 Eag]e City Code on January 4,2008. Requests for agencies' reviews were
transmitted on November 30,2007, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on January] 7,2008.
3. The Commission reviewed the particular facts and circumstances of this proposed annexation and
rezone (A-19-07 & RZ-26-07) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the infonnation provided concludes that the proposed
annexation and rezone is not in accordance with the City of Eagle Comprehensive Plan established
policies and goals because the proposed project is not compatible with the surrounding area as stated
under Commission Decision above, and therefore not in the City's best interest at this time
DA TED this 25h day of February, 2008.
PLANNING AND ZONING COMMISSION
OF T~ITY O~1EAGLE
A~a/ColJnty, I4a:P6
( 'i~~
David Aizpitarte
~iJov~ ~cc~~"==-
~..r Sharon K. Bergmann, Eagle City Clerk
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