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Findings - PZ - 2009 - RZ-12-09 - Rz From Ps To R1/.87 Acre/Nec Of E. Hill Road/Dicky Drive ORIGIi\1 I L BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) A REZONE FROM PS (PUBLIC/SEMIPUBLIC) ) TO R-l (RESIDENTIAL ONE UNIT PER ACRE ) MAXIMUM) FOR CHRISTY RADCLIFFE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-12-09 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on December 7,2009. 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: Christy Radcliffe, represented by Shawn Nickel, with YP, LLC, is requesting approval of a rezone from PS (Public/Semipublic) to R-l (Residential up to one (1) unit per acre). The 0.87-acre (37,897 square foot) site is generally located at the northeast comer ofthe intersection of East Hill Road and Dicky Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, October 13, 2009, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on October 20,2009. 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 November 16, 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 November 16, 2009. The site was posted in accordance with the Eagle City Code on November 27,2009. Requests for agencies' reviews were transmitted on October 21,2009 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 14, 1997, the Eagle City Council approved a Zoning Ordinance Amendment, which in part recognized this site to be changed from an R -1 (Residential up to one (1) unit per acre) to a PS (Public/Semipublic) zoning designation (ZOA-5-97). On October 14, 1997, the Eagle City Council adopted Ordinance #298, which in part changed the zoning designation of this site from R-l (Residential up to one (1) unit per acre) to PS (Public/Semipublic). E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 12 K:\Planning Dept\Eagle Applications\RZ&A \2009\RZ-12-09 pzf Radcliffe.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Public/Semi-Public PS (Public/Semipublic) Vacant parcel Proposed No change R-l (Residential- up to one Construct a single-family (1) dwelling unit per acre dwelling maximum) North of site Residential Three (up to R-l (Residential- up to one Residential (Evans No.3 three (3) dwelling units per (1) dwelling unit per acre Subdivision) acre maximum) maximum) South of site Public/Semi-Public and PS (Public/Semipublic) Chaumont Subdivision No. 1 Residential Four (up to (common lot) four (4) dwelling units per acre maximum) East of site Public/Semi-Public PS (Public/Semipublic) Stephen C. Guerber Park (City of Eagle) West of site Residential Three (up to R-l (Residential- up to one Single-family residence three (3) dwelling units per (1) dwelling unit per acre acre maximum) maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 0.87-acres (37,897 square feet) 1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See justification letter date stamped by the City on October 20, 2009, provided by the applicant (attached to the staffreport). 1. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Sewer and water lines are located adjacent to the site within Dickey Drive. K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. L. NON-CONFORMING USES: None are apparent on the site. M. 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 site spec!fic conditions of approval the District may require when it reviews afuture development application Central District Health - No objections to the proposal Chevron Pipeline - No conflicts with the pipeline Department of Environmental Quality - No comment Page 2 of12 K:\Planning Dept\Eagle Applications\RZ&A \2009\RZ-12-09 pzf Radcliffe.doc Eagle Fire Department - No opposition to the rezone application Idaho Transportation Department - No comment N. LETTERS FROM THE PUBLIC: Merlene Mulnix stated in an email, date stamped by the City on November 23, 2009, that she is opposed to the application since it will ruin the entrance to Dickey Drive and the park. 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 08-25-09) designates this site as: Public/Semi-Public Suitable primarily for the development of such uses as golf courses, parks, recreation facilities, greenways, schools, cemeteries, and public service facilities such as government offices. Support activities may also be permitted. All development within this land use is encouraged to be designed to accommodate the different needs, interests, and age levels of residents in matters concerning both recreation and civil activities. The public/semi public land use designation is not a residential land use designation. When a project or development is designed that contains or is adjacent to land holding a public/semi public land use this land will not be included when calculating the allowable residential density. Projects that hold a residential designation that want to provide amenities similar to those allowed in the public/semi public designation may transfer density within the development only when using the standards established in the Planned Unit Development as defined in the comprehensive plan. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2-1 Districts Established, Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-l, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. . 8-2-3: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS Page 3 of12 K\Planning Dept\Eagle Applications\RZ&A\2009\RZ-12-09 pzfRadcliffe.doc District regulations shall be as set forth in the official schedule of district regulations, in the performance standards in chapter 3 of this title, and as otherwise provided within this code. The official schedule of district regulations is divided into five (5) land use groups: agricultural, residential, commercial, industrial, and public/semipublic. To determine in which district a specific use is allowed: A. Find the use in one of the land use groups; B. Read across the chart until either "P" or "C" appears in one of the columns; and (Ord. 298,10-14- 1997) C. If "P" appears, the use is an allowed use; if "C" appears, the use is only allowed upon the issuance of a conditional use permit and/or a development agreement upon rezone to an MU or BP zoning designation; if no letter appears the use is prohibited. The administrator shall interpret the appropriate district for land uses not specifically mentioned by determining the district in which similar uses are permitted. If the administrator determines that a proposed use is not specifically mentioned and is not similar to any specifically mentioned use the administrator shall determine that the use is prohibited. When several combined land uses exist, or are proposed, the most intensive land use shall be considered as the primary activity. LAND USES DISTRICTS A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-1 BP M-2 M-3 P MU S AGRICULTURAL Agricultural and forest P Dairy farm C Farm P P Farmer's markets (outdoor) P P P P Feedlot and stockyard C C Horticulture (general) P P P P P P P Horticulture (limited) P P P P P P P P Roadside stand (temporary P P P P P P P P P structure) Turf and/or tree farm P C Vineyard P C RESIDENTIAL Apartment C C C C Boarding or lodging house C C C C or dormitory Home occupation P P P P P P P Mobile home (single unit) C C (primary residence) Mobile home (single unit) C C C C C (temporary livinQ quarters) Mobile home court (RV) C C C Mobile home park C C Multi-familv dwellinQ P C C C C Page 4 of12 K:\Planning Dept\Eagle Applications\RZ&A \2009\RZ-12-09 pzf Radcliffe.doc Planned unit development C C C C C C C C C C C C Single-family dwelling P P P P C C C Two-family dwellinQ P C C C COMMERCIAL Adult business C Airport P Ambulance services C P C C C Animal shows or sales P C C P P C P C Artist studios P P P P Arts and crafts shows C P P P C Auction facility C C P C P Automotive body shop P P P C P Automotive gas station or C P P fuel islands Automotive gas station/ P P service shop Automotive, mobile home, travel trailer, and/or farm C P P C P implement sales Automotive repair P P P C Automotive storage C P Automotive washinQ facility C P P P C C Bakery plant (wholesale) P C P Bankslfinancial institutions P P P P P (no drive UP service) Banks/financial institutions C P C C P (with drive up service) Bar C C C C C Beauty/barber shop C C C P P P P P P Bed and breakfast facility C C C C C C C BuildinQ supply outlet C C P C P Cabinet shop P P P C P C CaterinQ service P P P P Cemetery C C C C C C C C C C C Childcare Daycare center C C C C C C C C C C Family P P P P C C P P Group C C C C C C C C C C Christmas tree sales P P P P P P P P P P Church C C C C P P P P P P Circuses and carnivals C P P P C Clinic P Club or lodge P P P P P Page 5 of12 K:\Planning Dept\Eagle Applications\RZ&A \2009\RZ-12-09 pzf Radcliffe.doc Commercial entertainment C C p p p C facilities (indoor) Commercial entertainment C C p p p C facilities (outdoor) Communication facilities C C p p p p p C Convenience store with fuel C p P service Convenience store with no C C C C p p p p p fuel service Detention facilities C Drive in theater C C C C C Druqstore C C p p p p Electronic sales, service, or p p p p p p repair shop Emerqency health care C P C C C P Emerqency services C C C C p p p p p p p p p p Equipment rental and sales C C p C C C vard Flex space p P P P Food and beveraqe sales C P P P P P Hardware store P P P Health clubs, spas. weight C p p p p p reduction salons Heliports P Home and business p p p p p p p services Hospital C C P P C C C Hotel P P P C Institution C C Kennel C C C C C C C C C Laboratories P P P P P P C Laundromat C P P P P P C Laundry (with drive up C p p p C service) Laundry (with no drive up C p p p p p service) Live entertainment events C C C P C P C Massage soa C C C C C C Mobile office C C C C C C C C Mortuary C C C C Motel P P P C Nonprofit rehabilitation C C center Page 6 of 12 K:\Planning Dept\Eagle Applicalions\RZ&A\2009\RZ-12-09 pzfRadcliffe.doc Nursery, plant materials P C C C P P P P P P C Nursinq/conyalescent home C C C C C C C C Office, business and P P P P P C P professional Parkinq lot, oarkinq qaraqe P P P C P P P P P Parking lot, parking garage, C P P P C P C C commercial Pawnshops (auto) C C Pawnshops (qeneral) C C Personal improvement P P P P P P Personal services P P P P P P Personal wireless facilities C C P P P P P P P P P P P P (heiqht-35 feet or less) Personal wireless facilities C C C C C C C C C C C C (heiqht-over 35 feet) Photoqraohic studio P P P P P P Printinq and/or blueprintinq P P P P P P P Professional activities P P P P P P Restaurant (drive in) P P Restaurant (no drive thru) C C P P P P P Restaurant (with drive thru) P P Retail sales (qeneral) C C P P P C Retail sales (limited) P P P P P C Retail sales (pharmacies C P P P P P and medical)' Ridinq academies/stables P C C C Shop, contractors (and/or C P P C P vard) Shoppinq center C C C P C Shoppinq mall C C P Sign shop, including P P P C P C paintinq Small engine repair (mower, C P P P C C chainsaws, etc.) Storaqe (enclosed buildinq) P P P P P C P P C Storaqe (fenced area) C C C C C C C P P C Street fair P P P P Tire shop, including P P P C recappinq Trade fair P P C Trayel services P P P P P P Page 7 of12 K:\Planning Dept\Eagle Applications\RZ&A \2009\RZ-12-09 pzf Radcliffe.doc Truck stop C P C C Uoholstery shoo P P P P C C C Vet clinic (animal hospital) C C C P P P P P Weldinq, tool shop C P P C P W oodworkinq shop P P P P C P C INDUSTRIAL Asphalt plant P P Automotive wrecking yard C C or salyaae Beveraqe bottlinq plant C C P Billboard manufacture C C P Cement or clay products P P man u factu rina Chemical storage and C manufacturinq Concrete batch plant P P Dairy products processinq C P C P P Food processinq plant C P Fuel yard P Grain storaqe C P Ice manufacture, cold C C P storaqe Industry Custom P P P C Limited P P P C Research and develooment P C Junkyard C C Lumberyard, retail C P Machine shop P P P C P Manufacturinq, furniture P C P Mobile home manufacturinq P Monument works, stone C C P Petroleum storage C C Planing mill P Public utility yard C C C P Railroad yard or shop C C P Recyclinq operation C Renderinq plant C Research activities P C Sand or gravel yard C P Sanitary landfill C C Page 8 of12 K:\Planning Depl\Eagle Applications\RZ&A \2009\RZ-12-09 pzf Radcliffe.doc Stockyard, slaughterhouse; C meatoackinq Terminal yard, truckinq C P Truck and equipment repair C C C C P and sales (heaw) Warehousing, wholesaling P C P plant Wood processinq plant P PUBLIC/SEMIPUBLIC Golf course and related C C C C C P P P P P C services Government building, P P P P P P P P P offices Library C C P P P P P C Museum C C P P P P P C Park and recreation facilities C C C C C C C P P C Portable classroom P Public service facilities C C C C C C C C C C C C C C C C School, public or private C C C C C C C C C P C C. DISCUSSION: · The Eagle Comprehensive Plan Land Use Map designates this site as Public/Semi-Public. Public/Semi-Public lands are described in the Comprehensive Plan as suitable primarily for the development of such uses as golf courses, parks, recreation facilities, greenways, schools, cemeteries, and public service facilities such as government offices. This designation also allows for support activities of the aforementioned uses. The definition of the Public/Semi-Public goes on to state that this designation is not a residential land use designation. · This site was rezoned as part of a City initiated Zoning Ordinance Amendment on October 14, 1997 (ZOA-5-97). This privately owned site was adjacent to an area which at the time was an abandoned Ada County Highway District gravel pit, and has since been developed into a City park (Stephen C. Guerber Park). During the hearing process for the Zoning Ordinance Amendment it was recommended and subsequently approved to change the zoning of this site and the abandoned gravel pit from R -1 (Residential up to one (1) unit per acre) to a PS (Public/Semipublic) zone based on public testimony and the Comprehensive Plan Land Use Map designation of Public/Semi-Public. The uses that are permitted within the PS (Public/Semipublic) zoning designation (as specifically indicated in the chart above) include the following: golf course and related services, government buildings or offices, library, museums, park and recreation facilities, portable classroom, school (public or private), parking lot or garage, emergency services, personal wireless facility not to exceed thirty-five feet (35') in height or a vet clinic (animal hospital). Ambulance services, emergency health care or personal wireless facilities exceeding thirty-five feet (35') feet in height may be permitted upon approval of a conditional use permit. The applicant's request to rezone the property to the previous R -1 (Residential up to one (1) unit per acre) zoning designation would allow a land use (eg. single family dwelling) that is compatible with the Page 9 of12 K:\Planning Dept\Eagle Applications\RZ&A \2009\RZ-12-09 pzfRadcliffe.doc adjacent residential properties; the applicant proposes to construct one construct single- family dwelling on the site. A single family dwelling in this location would arguably be less of an impact on the residents in the immediate area than the aforementioned non-residential uses. Staff recommends that the site be rezoned to the original R-l (Residential up to one (1) unit per acre) and that the City initiate a Comprehensive Plan Map Amendment during the next Comprehensive Plan Map Amendment cycle to include this site into the Residential One (up to one (1) dwelling unit per acre maximum) land use designation which is similar to the Residential Three designation to the north and to the west. · 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. Although the requested zoning designation R -1 (Residential one (1) unit per acre maximum) is different than the Public/Semi-Public designation shown on the Comprehensive Plan Land Use Map, the proposed rezone of the property to R-l will accommodate a single family dwelling which is customarily known to be less intensive than many of the uses permitted within the PS zone; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist to serve any and all uses allowed on this property under the proposed zone; c. The proposed R -1 (Residential one (1) unit per acre maximum) zone and land use is compatible with the PS (Pubic/Semipublic) zone and land use to the east since that area has already been developed as a City park (Stephen C. Guerber Park); d. The proposed R-l (Residential one (1) unit per acre maximum) zone is compatible with the R -1 (Residential one (1) unit per acre maximum) zoning designation and land uses to the north and west since those areas are developed (Evans No.3 Subdivision) or could be developed in the same manner at a later date; e. The proposed R-l (Residential one (1) unit per acre maximum) zone is compatible with the PS (Public/Semipublic) zone and land use to the south since this area is a unimproved (without any structures), detached common lot located adjacent to Hill Road; f The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and g. No non-conforming uses are expected to be created with this rezone. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date staff recommends approval of the requested rezone. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on December 7, 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 the application was presented to the Planning and Zoning Commission by Page 10 of12 K:\Planning Depl\Eagle Applications\RZ&A\2009\RZ-12-09 pzfRadcliffe.doc two (2) individuals who indicated that the reason the property was previously rezoned to PS (Public/Semipublic) was to preserve the land for a park since this area was identified in the comprehensive plan to be park space. They indicated that the property would be better suited to remain with a public designation than to have a residential home located on the property. The individuals also stated concerns as to whether or not a residential home could be located on the site due to the irregular shape of the site. The individuals also indicated the proposed zone does not comply with the comprehensive plan or perhaps since the city park is completed the vision of the comprehensive plan has been achieved with the completion of the park. D. Oral testimony neither in favor nor in opposition was presented to the Planning and Zoning Commission by two (2) individuals who were concerned with the amount of metal which was placed within the fill that was allegedly utilized to construct Dickey Drive as part of Evans Acres Subdivision. They were also concerned with the stability of the subject site since it is part of the filled area created during the construction of Dickey Drive. They were also concerned with how sewer and potable water will be provided to this site. COMMISSION DECISION: The Commission voted 3-0 (Aizpitarte and Smith absent)* to recommend approval of RZ-12-2009 for a rezone from PS (Public/Semipublic) to R-l (Residential one unit per acre maximum) for Christy Radcliffe. *Note - Commissioner Roehling stated that the applicant has indicated on the provided narrative that they will be making a request to the City Council for a refund of all application fees due to the owner being unaware that the city had rezoned the property from R-l (Residential up to one (1) unit per acre) to a PS (Public/Semipublic). Commissioner Roehling recommended that should a refund of the application fee be approved the applicant should be required to pay the additional property tax based on the difference in assessed value between a non-buildable lot versus a buildable lot. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held on site at 6:00 PM, October 13, 2009, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on October 20,2009. 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 November 16, 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 November 16,2009. The site was posted in accordance with the Eagle City Code on November 27,2009. Requests for agencies' reviews were transmitted on October 21, 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-12-09) in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and Council" and has made the following conclusions with regard to the proposed rezone: a. Although the requested zoning designation R-l (Residential one (1) unit per acre maximum) is different than the Public/Semi-Public designation shown on the Comprehensive Plan Land Use Map, the proposed rezone of the property to R-l will accommodate one (1) single family dwelling unit which is less intensive than many of the uses permitted within the PS zone; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist to serve any and all uses allowed on this Page 11 of12 K:\Planning Dept\Eagle Applications\RZ&A\2009\RZ-12-09 pzfRadcliffe.doc property under the proposed zone; c. The proposed R-l (Residential one (l) unit per acre maximum) zone and land use is compatible with the PS (Pubic/Semipublic) zone and land use to the east since that area has already been developed as a City park (Stephen C. Guerber Park); d. The proposed R-l (Residential one (1) unit per acre maximum) zone is compatible with the R-l (Residential one (1) unit per acre maximum) zoning designation and land uses to the north and west since those areas are developed (Evans No.3 Subdivision) or could be developed in the same manner at a later date; e. The proposed R-l (Residential one (l) unit per acre maximum) zone is compatible with the PS (Public/Semipublic) zone and land use to the south since this area is a unimproved (without any structures), detached common lot located adjacent to Hill Road; f The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and g. No non-conforming uses are expected to be created with this rezone. DATED this 19th day of January, 2010. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~~~ Gary Tanner, Chairr&v, ATTEST: """'........,,, ...." \,\Y Of: .... ..... C....... /i'A .... ... .- -. - 1 .. .:.. · 0 .. : It 00 GORPo~ 000 (' 0.. :: --1A~tf\: : : ...... tt' : : : 0- S '" 0 : : rJJ ~~ b :: .. ~ 00 -C:<1r 0 *" . ~ 7 e.+p "'- '\...... .~ ":... '"'^ -..oRATEU \~.. ...," " ./;' ........ 0 .... "," 0 P r D f>. yo. ",.... 1"", 11.11 "~"~II Page 12 of12 K:IPlanning Dept\Eagle Applications\RZ&A \2009\RZ-12-09 pzf Radcliffe doc