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Findings - PZ - 2009 - A-08-09/RZ-09-09 - Rz From Rut To Ar-Da/103.9 Acre/4151 N. Hartley Road BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RUT (RURAL-URBAN TRANSITION) ) TO R-E-DA (RESIDENTIAL-ESTATES ) WITH A DEVELOPMENT AGREEMENT) ) FOR M3 EAGLE, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-08-09 & RZ-09-09 The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on September 14,2009, 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: M3 Eagle, LLC, represented by Gerald Robbins is requesting an annexation and rezone from RUT (Rural-Urban Transition-Ada County Designation) to A-R-DA (Agricultural- Residential one unit per five acres with a development agreement). The 103.9-acre site consisting of four (4) parcels is generally located on the west side of N. Hartley Road approximately 3,050 feet north ofW. Beacon Light Road at 4151 N. Hartley Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, April 15, 2009, at the M3 Eagle office located at 533 E. Riverside Dr., Suite 110, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on July 6,2009. 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 August 24, 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 August 19, 2009. The site was posted in accordance with the Eagle City Code on, September 1,2009. Requests for agencies' reviews were transmitted on July 13,2009, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 10 K:\Planning Depl\Eagle Applications\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Transitional Residential RUT (Rural-Urban Transition Agricultural land - Ada County designation) Proposed No Change A-R-DA (Agricultural- No change Residential with a development agreement) North of site Transitional Residential RUT & RR (Rural-Urban Agricultural land and Transition and Rural public land (BLM) Residential-Ada County designations) South of site Transitional Residential MU-DA (Mixed Use with a Agricultural land (proposed development agreement) Terra View development) East of site Transitional Residential RUT (Rural-Urban Agricu lturalland (proposed Transition-Ada County J&M Subdivision - Ada designation) County application) West of site Transitional Residential RUT & RR (Rural-Urban Agricultural land and Transition and Rural public land (BLM) Residential-Ada County designations) H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. I. TOTAL ACREAGE OF SITE: +/- 103.9-acres J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's justification letter date stamped by the City on July 6, 2009 (attached to the staff report). K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See justification letter date stamped by the City on July 6, 2009 (attached to the staff report). L. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The site is located within the City of Eagle's Municipal Water Service Area. As of this date, there are no central services located in proximity to the site. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. Page 2 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - Yes - North Foothills, the applicant will be required to address concerns at the time of development Evidence of Erosion - No Fish Habitat - No Floodplain - No Mature Trees - Yes, adjacent to existing house Riparian Vegetation - No Steep Slopes - No Stream/Creek - Yes, Farmers Union Canal Unique Animal Life - Unknown Unique Plant Life - Unknown Unstable Soils - No Wildlife Habitat - Unknown O. NON-CONFORMING USES: The existing dwelling at 4151 N. Hartley Road is located on a parcel which is one (1) acre in size. The one (1) acre parcel was approved by Ada County Development Services through a Farm Development Right application (file # 88-16-0A). The minimum lot area for the A-R (Agricultural-Residential) zone is 4.7 acres in size. There is also an accessory structure located at 4151 N. Hartley Road which is within the required front and side yard setbacks for the A-R (Agricultural-Residential) zoning district. P. 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 - Provided findings for consideration that the District may identify when it reviews a future development application. At the time of reviewing a specific development application the District will add additional findings. Central District Health Department - No objections to the proposal Department of Environmental Quality - Recommended verifying that there is adequate water and sewer to serve the project. Eagle Fire Department - Indicated that the property is located in both the Eagle Fire Protection District and Star Fire District and they no specific concerns regarding these applications. Star Joint Fire Protection District - Provided information regarding the District's boundaries and that during development the applicant be required to comply with the fire code adopted at the time. Q. LETTERS FROM THE PUBLIC: None received to date. Page 3 of 10 K:\Planning Dept\Eagle Applicalions\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc 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 Transitional Residential. Residential Transition Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes in lot dimensions and scaling, see specific planning area text for a complete description. 6.8.3 Village Planning Area The Village Planning Area is designed to provide flexibility of design while also ensuring compatibility to existing large lot residential uses and transitional density as development approaches Homer Road and the Foothills. This area is not intended to be master planned but does require great care in planning to ensure that uses are compatible and that the Village Center serves as an anchor of the area and is not taken over by residential uses. a. UseslDesign The land use and development policies specific to the Village Planning Area include residential, commercial, retail, civic, research and development park, corporate and/or educational campus, hospitality and office uses. Non- residential uses will be focused in the Village Center. 1. Village Center: The Village Center encompasses approximately 600- acres and is generally located along Beacon Light Road, bounded by Palmer Lane to the west and Lanewood Road to the east, and is more specifically described on the Future Land Use Map (Map 6.1). All Non- residential uses will be focused in the Village Center. This area is comprised of three key components: (a) A research and development/educational campus and/or corporate park area designed to provide sufficient space for corporate headquarters in a park-like setting near ancillary commercial uses located in the village center; and (b) A village center providing ancillary retail commercial, hospitality and CIVIC uses; (c) A potential high school and/or middle school site located near the village center and higher density residential areas. This location allows for the transfer of density into an appropriate residential area which minimizes busing costs and the traffic concerns of placing schools in residential areas because the schools will be within walking distance to services that the students would typically use. Page 4 of 10 K:\Planning Dept\Eagle Applicalions\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc Illustration 6.2 Village Center Concept 2. Residential Areas: New developments that are proposed near the Village Center shall be encouraged to include apartments, town homes, condominiums, patio homes, bungalows and live/work units ranging in densities from 5 to 10 units per acre. Decreasing densities should be allowed as the area radiates out of the village center. The overall densities in the Village Planning Area outside of the village center shall average 1-2 units per acre to the south of Beacon Light Road. Residential densities north of Beacon Light should be 1-2 units per acre transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. Lot sizing and compatibility will be paramount as residential development reaches the existing 2 and 5-acre lots in the area east of Linder Road and north of Floating Feather Road. Special care should be given to the feathering and clustering of residential units as development reaches the foothills/ Farmers Union Canal. All Commercial use beyond Neighborhood Commercial should be directed to the commercial center at State Highway 16 & 44 or to the Village Center. Dlustration 6.3: Farmland Cluster Example Page 5 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc b. Access The Village Planning Area will promote the construction of an east/west boulevard that will include planted medians, sidewalks and limited signalization. This road design shall be similar to Harrison Boulevard and Park Center Boulevard in Boise. This area will also include the extension of Homer Road from Linder Road to the village center and the realignment of Beacon Light Road to slow the flow of traffic between Hwy 16 and Hwy 55. The Village Planning Area will be dependent upon the interconnectivity of local roads as the area develops. Access to the area from State Highway 16 should be limited to the mile between Beacon Light Road and Floating Feather. Commercial and retail uses should be discouraged from fronting on State Highway 16. Non-residential use should be focused internally to the Village Center and the residential uses and located along local/collector roads. ITD should be discouraged from constructing frontage roads along the eastern side of Hwy 16 and landscape berms should be used to continue a gateway feeling to the city along the eastern side of Hwy 16. The design of the area should incorporate non-motorized pathways linking residential areas to the village center, foothills and the existing Eagle Downtown. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code 8-2-4 Schedule of Building Height and Lot Area Regulations: Minimum Lot Width C. DISCUSSION: . The site is designated Transitional Residential on the Comprehensive Plan Land Use Map. The site is also located within the Village Planning Area. The applicant is requesting a A-R- DA (Agricultural-Residential up to one (1) unit per five (5) acres with a development agreement) zoning designation. The Village Planning Area allows for flexibility of design while also ensuring compatibility to existing residential uses in the area and providing for a transitional density as development approaches the Foothills. The applicant is not proposing development of the site at this time however, the City will review any future development of the site based on the Village Planning Area plan found within the Comprehensive Plan. · The site consists of four (4) contiguous unplatted parcels on the west side ofN. Hartley Road approximately 3,050 feet north of W. Beacon Light Road. The parcels range in size from one (1) acre to 41.31-acres in size. The one (1) acre parcel was previously reviewed and approved by Ada County Development Services through a Farm Development Right application. Since Page 6 of 10 K:\Planning Dept\Eagle Applicalions\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc the one (1) acre parcel was approved through a legal process as a legal conforming parcel it should be recognized as a legal conforming parcel until such time the remaining portion of the site is developed in its entirety and at that time the property should be brought into compliance with Eagle City Code. · The existing accessory structure located at the northeastern corner of the one (1) acre parcel is approximately seven feet (7') west of the eastern boundary line (front) and seven feet (7') south of the northern property line (side) and does not meet the required front yard and side yard setbacks for the A-R (Agricultural-Residential) zoning district. The front yard setback and side yard setbacks in the A-R (Agricultural-Residential) zoning district are sixty feet (60') and thirty feet (30') feet respectively. Staff recommends the setbacks be recognized where they are currently located and will be permitted to remain until such time the structure is replaced. . The property is used for raising cattle and growing crops for feeding the cattle. There are two homes located at the southeastern corner of the site on separate properties, accessory structures, and a small pond for the cattle and irrigation. The applicant is proposing to continue the existing agricultural use of the property. 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 RUT (Rural-Urban Transition - Ada County designation) to A-R-DA (Agricultural-Residential with a development agreement) with the following conditions to be placed within a development agreement: 3.1 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 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. 3.2 The Concept Plan (Exhibit B) represents the current configuration of the Owner's property. Prior to development of the property the Owner shall submit a Development Agreement Modification application with a revised Concept Plan which reflects the proposed development. 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 the proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The one (1) acre parcel located at 4151 N. Hartley Road created through an approved Farm Development Right application through Ada County Development Services is recognized as a legal conforming parcel until such time the remaining portion of the site is developed in its entirety at that time the property shall be brought into compliance with Eagle City Code. 3.4 The accessory structure located at the northeast corner of the property at 4151 N. Hartley Road shall be allowed to remain at its current location. The front yard setback and side yard setback for the accessory structure located adjacent to the eastern boundary line (front) and northern boundary line (side) is seven feet (7'). Should the accessory structure be removed or replaced, a new accessory structure shall meet the setback requirements for the A-R (Agricultural-Residential- up to one (1) unit per five (5) acres) zone. Page 7 of 10 K:\Planning Depl\Eagle Applications\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc 3.5 The agriculture operation may continue as it is currently being operated until such time the property is developed in its entirety. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 14, 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 one (1) individual who indicated that although they were in favor of the application since the property will continue to be utilized for agriculture. They individual also requested that the applicant provide additional access to the adjacent BLM property other than Hartley Road. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. COMMISSION DECISION: The Commission voted 4 to 0 (Roehling absent) to recommend approval of A-08-09 and RZ-09-09 for an annexation and rezone from RUT (Rural-Urban Transition - Ada County designation) to A- R-DA (Agricultural-Residential one unit per five acres with a development agreement) for M3 Eagle, LLC, with the following staff recommended conditions to be placed within a development agreement: 3.1 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 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. 3.2 The Concept Plan (Exhibit B) represents the current configuration of the Owner's property. Prior to development of the property the Owner shall submit a Development Agreement Modification application with a revised Concept Plan which reflects the proposed development. 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 the proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.6 The one (1) acre parcel located at 4151 N. Hartley Road created through an approved Farm Development Right application through Ada County Development Services is recognized as a legal conforming parcel until such time the remaining portion of the site is developed in its entirety at that time the property shall be brought into compliance with Eagle City Code. 3.7 The accessory structure located at the northeast corner of the property at 4151 N. Hartley Road shall be allowed to remain at its current location. The front yard setback and side yard setback for the accessory structure located adjacent to the eastern boundary line (front) and northern boundary line (side) is seven feet (7'). Should the accessory structure be removed or replaced, a new accessory structure shall meet the setback requirements for the A-R (Agricultural-Residential- up to one (1) unit per five (5) acres) zone. 3.8 The agriculture operation may continue as it is currently being operated until such time the property is developed in its entirety. Page 8 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at 6:00 PM, April 15, 2009, at the M3 Eagle office located at 533 E. Riverside Dr., Suite 110, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on July 6,2009. 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 August 24, 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 August 19,2009. The site was posted in accordance with the Eagle City Code on, September 1, 2009. Requests for agencies' reviews were transmitted on July 13,2009, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-09- 09) 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-up to one (1) unit per five (5) acres with a development agreement) is commersute with the designation as 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 all uses allowed on this property under the proposed zone; c. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5) acres with a development agreement) zone is compatible with the RUT (Rural-Urban Transition - Ada County designation) and RR (Rural-Residential - Ada County designation) zones and land use to the north since that area is public land (BLM) and agriculture and the applicant is not proposing a change of use on the site, and; d. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5) acres with a development agreement) zone is compatible with the MU-DA (Mixed Use with a development agreement) and land use to the south since that area will most likely not be developed in the near future and the proposed lots which will be developed will be similar in size to lots which could be developed on the subject site, and; e. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5) acres with a development agreement) zone is compatible with the RUT (Rural-Urban Transition - Ada County designation) and RR (Rural-Residential - Ada County designation) zones and land use to the west since that area is currently being utilized for agricultural purposes and the applicant is not proposing a change of use from the agricultural operation currently being operated on the site, and; f. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5) acres with a development agreement) zone is compatible with the RUT (Rural-Urban Transition - Ada County designation) zone and land use to the east since that area is currently being utilized for agricultural purposes and the applicant is not proposing a change in use from the agricultural operation currently being operated on the site, and; g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan and at the time of development the applicant will be required to address any concerns associated with development in these areas; and Page 9 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc h. As stated in the Development Agreement, the one (1) acre parcel located at 4151 N. Hartley Road will be recognized as a legal conforming parcel since it was created through a Farm Development Right application which was previously reviewed and approved through Ada County Development Services. The accessory structure located within the front yard setback (eastern boundary) and the side yard setback (north boundary) on the one (1) acre parcel are recognized where they are currently located and will be permitted to remain until such time the structure is replaced. Therefore, no non-conforming uses are expected to be created with this rezone. D A TED this 21 st day of September 2009. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~-a-/ Gary Tanner, Chairman ..'".........." ......J OF B-1 "" .' ~"........ 0.( ", .... ~~ ..- -.. ~ ". . v.. y.\,OR", l' .. "0:. · (.;0 ~ \ 0:. : * : . ~.- . . . '. \. SEAL,; : '. IP ..~(: .,.:::-.. 0 : .... ;.. ...~.tl~U~\\l... ~~ .... ....'!"I'e OF \\) .... . . . . . , " .. ~ """",. ----- Page 10 of 10 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-08-09 & RZ-09-09 pzfHanson.doc