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Findings - CC - 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. Page 1 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc 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. Page 2 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc 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. Page 3 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc 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 Page 4 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc 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') Page 5 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc 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. Page 6 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc 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 Page 7 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc 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. Page 8 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc 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 Page 9 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc 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: ~ ~ ~~ f?;u,~/J-7~ ..........Sharon'K. Bergmann, Eagle City C erk I ...,"....."", .... 0 LE "" .......~ ~~........ ... "'.. .. .,. ....,...,.. , ~ 0 .. "'- po. 1 c.. ~ .. ...~ ..- = >-. I ,,0 .... 0 ':. .. . ~ ~ roe _ :f-.<:Q;' ,.....~.:c: . ....... 0 · V Q: - : U \ u ' L'...~ "". < : -:.. V ": '" .. _ . c.. ~'t".:::: "- ~ e. -..; 0 .- L~ ~ ':. ... .. INCOv..~.. O~ ..... .., ..... ........ .... "" S T "i~ ,..,,, '" ,.. ", ",........" Page 10 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2008\A-06-08 & RZ-12-08 ccf Abundant Life.doc