Findings - 2009 - A-06-08/RZ-12-08 - Construction Of Church/5.78 Acre/3633 W Floating Feather Rd
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL-URBAN TRANSITION) )
TO A-R-DA (AGRICUL TRUAL-RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT) )
FOR ABUNDANT LIFE BAPTIST CHURCH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-06-08 & RZ-12-08
The above-entitled rezone application came before the Eagle City Council for their action on March 10,
2009. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Abundant Life Baptist Church, represented by Jim Main with Design West Architects, is
requesting approval of an annexation and rezone from RUT (Rural-Urban Transition -
Ada County designation) to A-R-DA (Agricultural-Residential - up to one (1) dwelling
unit per five (5) acres with a development agreement) to facilitate the construction of a
church facility. The 5.78 acre site is generally located approximately 1,000 feet east of
North Park Lane on the south side of West Floating Feather Road at 3633 West Floating
Feather Road.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held onsite at 6:00 PM, November 24, 2008, in compliance
with the application submittal requirement of Eagle City Code. The applications for this
item were received by the City of Eagle on November 26,2008.
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 January 5, 2009. 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 29,2008. The site was posted in accordance with the Eagle City Code
on January 13, 2009. Requests for agencies' reviews were transmitted on December 3,
2008 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on February 23,2009. 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 February 19,
2009. The site was posted in accordance with the Eagle City Code on February 26,2009.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (up to one RUT (Rural-Urban Single-family
dwelling unit per acre Transition - Ada County dwelling/pasture
maximum) designation)
Proposed No Change A-R-DA (Agricultural- Church Facility
Residential with a
development agreement)
North ofsite Residential Two (up to R-E (Residential-Estates) Cavallo Estates Subdivision
two dwelling units per
acre maximum)
South of site Public/Semi-Public PS (Public/Semipublic) School (Eagle High School)
East of site Transitional Residential RUT (Rural-Urban Single-family
Transition - Ada County dwelling/Pasture
designation)
West of site Residential One (up to one RUT (Rural-Urban S ingle- fam ily
dwelling unit per acre Transition - Ada County dwelling/Pasture
maximum) designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 5.78 +/-acres
1. APPLICANT'S STATEMENT OF JUSTIFICA nON FOR THE REZONE:
See attached justification letter date stamped by the City on November 26, 2008 (attached
to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICA nON OF A DEVELOPMENT AGREEMENT:
See attached justification letter date stamped by the City on November 26, 2008 (attached
to the staff report).
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
This existing residential dwelling is currently served by a septic system and individual
well. Upon the construction of a new church building the applicant will be required to
connect to a central sewer system (Eagle Sewer District) and potable water supplied by
United Water. The site is within the Eagle Fire Protection District.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - Mixture of deciduous and evergreen trees adjacent to the existing residence
Riparian Vegetation - yes - adjacent to Dry Creek Canal
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
N. NON-CONFORMING USES: None are apparent on the site.
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
Ada County Highway District - Place conditions regarding right-ol-way dedication, sidewalk,
and driveway requirements
Central District Health - No objections to the proposal
Chevron Pipeline - No conflicts with the pipeline
Department of Environmental Quality - Recommends verifYing that there is adequate water and
sewer to serve the project
Eagle Fire Department - Requiring fire access roads be provided, building plans to be reviewed
and approved, and spacing offire hydrants not to exceed TableCl05.1 of the International Fire
Code.
Idaho Transportation Department - No comment
Ringert Law (Drainage District No.2) - Indicating the size of the easement located on the
property containing the drain ditch and requiring that the district shall review all drainage plans
and construction plans prior to approval.
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 (adopted 11-27-07) designates this site as:
Residential One
Suitable primarily for single-family residential development within areas that are rural In
character. An allowable density of up to one unit per acre.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-2-3 states in part that a church requires the approval of a
conditional use permit located within an Agricultural - Residential district.
· Eagle City Code 8-2-4 Schedule of Building Height and Lot Area Regulations:
Minimum Lot
Width
· Eagle City Code Section 8-2A-6 Design Requirements, Objectives, and Considerations:
B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation:
6. Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be
limited to a maximum of forty feet (40') within the DDA and TDA and thirty five
feet (35') in all other locations. Additional height may be permitted if a conditional
use permit is approved by the city council.
· Eagle City Code Section 8-2A-7 Landscape and Buffer Area Requirements:
K. Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off
street parking:
Parking should be located to the side and rear of buildings and shall be screened so that
it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be
used to screen parking areas (chain link fencing shall not be permitted). In the design of
large parking areas, arrange bays of parking spaces to be separated by landscaping.
When parking lots occur on sloping terrain, step the parking lots to follow the terrain
rather than allowing the lot surface to extend above natural grade.
J. Buffer Areas/Common Lots
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by
six foot (6') high landscaped buffer is required.
· Eagle City Code Section 8-3-3 Supplemental Yard and Height Requirements:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
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consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
C. DISCUSSION:
· The Comprehensive Plan Land Use Map designates this site as Residential One (up to one
dwelling unit per acre). The applicant is requesting annexation and rezone to A-R-DA
(Agricultural-Residential - up to one (1) dwelling unit per five (5) acres with a
development agreement) to facilitate the applicant's request to construct a church at this
location while still providing compatibility with the existing parcels adjacent to the east
and west.
· Within the draft development agreement provided by the applicant Condition of
Development 3. I, indicates that the Council hereby approves the use of the property for a
religious institution including the remodel of the existing house into an assembly hall,
stand alone fellowship hall, amphitheater, storage building, picnic pavilion, ball field and
future church building and parking lots. The site plan date stamped by the City on
November 26, 2008, does not show the amphitheater, storage building, picnic pavilion, or
a ball field. The applicant should provide a revised site plan showing the aforementioned
uses prior to the City adopting an ordinance of annexation and rezone.
· The applicant is proposing to remodel the existing residence into a church facility and
construct a new church at a future date. The construction of the church facilities is to occur
in more than one (1) phase. The applicant has provided a site plan date stamped by the
City on November 26, 2008, which shows the existing residence to be converted into a
church, an approximately 425' long ingress/egress access located on the eastern boundary
of the property to the converted church facility, and the buffer area adjacent to W. Floating
Feather Road to be completed as Phase 1. The site plan also shows the future phase where
the future building is proposed to be located, however the site plan does not show where
the actual parking area is proposed. Pursuant to Eagle City Code the parking areas should
be located to the side or rear of buildings and should be screened so they do not dominate
the streetscape. The applicant should provide a revised site plan showing the future
building to be located in closer proximity to the northern property line and the parking
area to be located either to the side or the rear of the proposed future building prior to
submitting a design review application.
· The site plan date stamped by the City on November 26, 2008, shows a twenty foot (20')
wide buffer area and what appears to be a five foot (5') wide attached sidewalk adjacent to
W. Floating Feather Road. Pursuant to the Site Specific Conditions of Approval shown in
the Ada County Highway District staff report date stamped by the City on December 30,
2008, the right-of-way associated with W. Floating Feather Road is forty feet (40') in
width measured from the centerline of the road. The applicant should ensure the proposed
buffer area is located outside of the right-of-way and construct a detached meandering
sidewalk five feet (5') in width adjacent to W. Floating Feather Road prior to receiving a
certificate of occupancy for the converted church facility.
. The site plan date stamped by the City on November 26,2008, shows a six foot (6') wide
landscape buffer adjacent to the eastern property line. Pursuant to Eagle City Code when a
commercial or industrial use abuts a residential use, a ten foot (10') wide by six foot (6')
high landscaped buffer is required. The site plan also shows the existing residence that is
proposed to be converted to a church facility is located approximately thirty feet (30')
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from the adjacent eastern property line. Pursuant to Eagle City Code nonresidential
buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot
line of a residential district; that area may be reduced to fifty percent (50%) of the
requirement if acceptable landscaping or screening approved by the council is provided.
The applicant should provide a landscaping plan showing an adequate buffer area
pursuant to Eagle City Code at the time of submitting a design review application.
· 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 A-R-DA (Agricultural-Residential with a
development agreement) is equal to or less than the Residential One designation
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 any and all uses allowed on this property under the
proposed zone;
c. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone
is compatible with the (Rural-Urban Transition - Ada County designation) zone and
land use to the east since the Comprehensive Plan designates that area as Transitional
Residential and the applicant will be required to provide a buffer to the existing
residential use;
d. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone
is compatible with the (Rural-Urban Transition - Ada County designation) zoning
designation and land use to the west since the Comprehensive Plan designates that
area as Residential One and that area may be developed at a higher density than the
zoning designation requested and the applicant will be required to provide a buffer to
the existing residential use;
e. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone
is compatible with the R-E (Residential-Estates-up to one (1) unit per two (2) acres)
zone and land use to the north since the residential subdivision located north of this
property is separated by W. Floating Feather Road and a landscaped berm adjacent to
the road;
f. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone
is compatible with the PS (Public/Semi-Public) zone and land use to the south since
Eagle High School is located in this area and the high school sports fields are located
adjacent to this property;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
h. No non-conforming 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 information provided to staff to date, staff recommends approval of the
requested annexation and rezone from (Rural-Urban Transition - Ada County designation) to
A-R-DA (Agricultural-Residential - up to one (1) dwelling unit per five (5) acres with a
development agreement) with the conditions of approval to be placed within a development
agreement as noted within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
26, 2009, 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.
COMMISSION DECISION:
The Commission voted 4 to 0 to recommend approval of A-06-08 and RZ-12-08 for an annexation
and rezone from RUT (Rural-Urban Transition) to A-R-DA (Agricultural-Residential- up to one
(1) dwelling unit per five (5) acres with a development agreement) for Abundant Life Baptist
Church with conditions to be placed in a development agreement as shown within their Findings
of Fact and Conclusions of Law document, dated February 2,2009.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 10, 2009, at which
time testimony was taken and the public hearing was closed. The Council made their decision at
that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in opposition nor in favor to this proposal was presented by one individual
who has concerns regarding noise from events being held outdoors and also requested the
applicant ensure that the irrigation water that flows through the applicants property is not impeded.
COUNCIL DECISION:
The Council voted 3 to 0 to approve A-06-08 and RZ-12-08 for an annexation and rezone from
RUT (Rural-Urban Transition) to A-R-DA (Agricultural-Residential - up to one (1) dwelling unit
per five (5) acres with a development agreement) for Abundant Life Baptist Church with the
following Planning and Zoning recommended conditions to be placed within a development
agreement with underline text to be added by the Council:
3.1 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 or be required. 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 and
notice shall be provided as may be required by the City.
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding
floodplain development permit review, design review, preliminary and final plat reviews,
and/or any conditional use permits, if applicable, and any other applicable applications as may
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be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists
at the time such applications are made except as otherwise provided within this Agreement.
3.3 The applicant shall submit a design review application showing at a minimum: I) proposed
development signage, 2) planting details within the proposed and required landscape buffer
areas adjacent to W. Floating Feather Road, and the eastern and western boundaries, 3)
separated sidewalk adjacent to W. Floating Feather Road, 4) useable amenities such as picnic
pavilion, structures associated with the amphitheater, and storage building, and/or similar
amenities, and 5) location of future building and associated parking area. The design review
application shall be reviewed and approved by the Eagle Design Review Board and Eagle City
Council prior to the issuance of a building permit.
3.4 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Agricultural -
Residential District land uses allowed by the Eagle City Code Section 8-2-3 "Official
Schedule of District Regulations", existing at the time a design review application or
conditional use permit application (whichever the case may be) is made for individual building
use.
All uses shown as "P" permitted under the A-R zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses
and all uses shown as "C" conditional uses under the A-R zoning designation shall require a
conditional use permit.
The following use which is shown as "C" conditional use under the A-R zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be a
permitted use on the Property. A separate application shall be submitted for a conditional use
permit for a height exception.
. Church
3.5 The existing home (to be converted to a church) may continue to utilize the existing well and
septic, however when a new church facility is constructed the owner shall connect to
municipal water and central sewer services.
3.6 Encroachments including, but not limited to, trees, landscaping, fencing, lighting, drainage
discharges, and/or pathways shall not be located within any easement or right-of-way for any
ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water
without the express written approval of the organized irrigation district, drainage districts,
canal company, ditch association, or other irrigation entity associated with such ditch, pipe or
other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to issuance of a zoning certificate for the church facilities.
3.7 Should the applicant alter the location of the existing irrigation ditch on the property the
applicant shall complv with Idaho Code & 42-1207: Change of Ditch, Canal, Lateral, Drain or
Buried Irrigation Conduit. The applicant shall provide correspondence from the respective
irrigation district or canal company approving any modification to the existing irrigation
system prior to receiving a zoning certificate for construction of proposed improvements.
3.8 All outdoor events shall comply with Eagle City Code Section 4-9 Loud Amplification
Devices; Noise Ordinance.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held onsite at 6:00 PM, November 24, 2008, in compliance with the
application submittal requirement of Eagle City Code. The applications for this item were received by
the City of Eagle on November 26, 2008.
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 June 25, 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 June 22, 2007. The site was posted in accordance
with the Eagle City Code on July 6,2007. Requests for agencies' reviews were transmitted on May 21,
2007, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 23,
2009. 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 February 19, 2009. The site was posted in accordance with the Eagle City
Code on February 26, 2009.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-12-08) 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 A-R-DA (Agricultural-Residential with a
development agreement) is equal to or less than the Residential One designation
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 any and all uses allowed on this property under the
proposed zone;
c. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone
is compatible with the (Rural-Urban Transition - Ada County designation) zone and
land use to the east since the Comprehensive Plan designates that area as Transitional
Residential and the applicant will be required to provide a buffer to the existing
residential use;
d. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone
is compatible with the (Rural-Urban Transition - Ada County designation) zoning
designation and land use to the west since the Comprehensive Plan designates that
area as Residential One and that area may be developed at a higher density than the
zoning designation requested and the applicant will be required to provide a buffer to
the existing residential use;
e. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone
is compatible with the R-E (Residential-Estates-up to one (1) unit per two (2) acres)
zone and land use to the north since the residential subdivision located north of this
property is separated by W. Floating Feather Road and a landscaped berm adjacent to
the road;
f. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone
is compatible with the PS (Public/Semi-Public) zone and land use to the south since
Eagle High School is located in this area and the high school sports fields are located
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adjacent to this property;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone if the conditions
to be placed within the development agreement are achieved.
DATED this 24th day of March, 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Phi
ATTEST:
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..........Sharon'K. Bergmann, Eagle City C erk
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