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Findings - PZ - 2011 - RZ-09-08 MOD - Mod To Da#109109347/14.07 Acre/671 E. Beacon Light Road BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A MODIFICATION TO THE ) DEVELOPMENT AGREEMENT ) ASSOCIATED WITH THE SPRINGHAVEN ) SUBDIVISION FOR MATTHEW SMITH ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-09-08 MOD The above-entitled rezone with development agreement modification application came before the Eagle Planning and Zoning Commission for their recommendation on March 21, 2011. 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: Matthew Smith is requesting modifications to the development agreement (Instrument #109109347) associated with the R-E-DA (Residential-Estates with a development agreement) zoning classification for Springhaven Subdivision. The 14.07-acre site is generally located on the south side of East Beacon Light Road approximately 1,984 feet east of the intersection of North Eagle Road and East Beacon Light Road at 671 East Beacon Light Road. B. APPLICATION SUBMITTAL: The rezone modification request was received by the City of Eagle on January 27, 2011. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on this 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 February 28, 2011. 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 March 4, 2011. The site was posted in accordance with the Eagle City Code on March 11, 2011. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 28, 2008, the City Council approved an annexation and rezone from RUT (Rural- Urban Transition — Ada County designation) to R-E-DA (Residential-Estates with a development agreement) and a preliminary plat for Springhaven Subdivision an 8-lot (6-buildable, 2-common) residential subdivision for Beacon Light Homestead, LLC (A-04-08/RZ-09-08&PP-04-08). On October 28, 2008,the Eagle City Council approved a design review application for the common area landscaping within Springhaven Subdivision(DR-60-08). On September 22, 2009, the City Council approved the final plat for Springhaven Subdivision, an 8-lot (6-buildable, 2-common) residential subdivision for Beacon Light Homestead, LLC (FP-06- 08). E. COMPANION APPLICATIONS: PP/FP-01-11 — A combined preliminary plat and final plat application for Springhaven Subdivision, a two(2) lot residential subdivision. Page 1 of 7 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub MOD pzfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential-Estates RUT(Rural-Urban One(1) single-family (up to one dwelling Transition -Ada County dwelling and two(2) unit per two acres) designation) accessory structures Proposed No Change R-E-DA(Residential- Residential subdivision Estates with a consisting of eight(8) lots(6 development agreement) buildable, 2 common) North of site Rural Residential(up RUT(Rural-Urban Two(2) single-family to one dwelling unit Transition -Ada County dwellings (one(1)unplatted per five acres) designation) parcel and Lot 1, Block 1, Sunnybrae Subdivision) South of site Residential-Estates A-R(Agricultural- Three (3)single-family (up to one dwelling Residential) dwellings (One(1)unplatted unit per two acres) parcel and Lots 10 and 11, Los Luceros Acres Subdivision) East of site Residential-Estates RUT(Rural-Urban Accessory structures and (up to one dwelling Transition -Ada County agricultural unit per two acres) designation) West of site Residential-Estates R-E(Residential-Estates) Three(3) single-family (up to one dwelling dwellings and accessory unit per two acres) structures (one (1)unplatted parcel and Lots 6 and 7, Block 1, Bighorn Subdivision No. 2) F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. G. TOTAL ACREAGE OF SITE: +/- 14.07 acres H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION: See applicant's justification letter attached to the staff report and incorporated herein by reference. I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists J. AGENCY RESPONSES: The following agencies have previously responded with the original application (A-04-08/RZ-09- 08 &PP-04-08)and their correspondence is attached to the staff report: City Engineer: All comments within the engineer's letter are of special concern (attached to the staff report and included herein by reference). Page 2 of 7 K,\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub MOD pzf.doc Ada County Highway District— Will approve the application if all the Site Specific and Standard Conditions of Approval as outlined in the ACHD report are satisfied. Central District Health District — Will require additional information prior to approval of individual sewage disposal Chevron Pipeline Company—Indicate there is no conflict with the pipeline Department of Environmental Quality—Need to address air quality, wastewater, drinking water, surface water, and hazardous waste and ground water contamination requirements. Eagle Fire Department —Need to address street signs,fire hydrants, access roads, and minimum fire flows Idaho Department of Lands — No significant impact to the Endowment Lands in the general vicinity Idaho Transportation Department—No comment K. LETTERS FROM THE PUBLIC:None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map, adopted August 25, 2009, designates this site as Residential Estates: Suitable primarily for single family residential development within areas on acreages that may be in transition from agricultural to residential use or may combine small scale agricultural uses with residential uses. Maximum density of up to one(1)unit per two(2) acres. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-7 (J)(4)(b) Landscape and Buffer Area Requirements, Major Roadways: b. Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of fifty feet(50')wide buffer area(not including right of way) shall be provided with the following plants per one hundred(100) linear feet of right of way: five (5) shade trees, eight(8)evergreen trees,three(3) flowering/ornamental trees, and twenty four(24) shrubs. Each required shade tree may be substituted with two(2) flowering/ornamental trees,provided that not more than fifty percent(50%) of the shade trees are substituted. A minimum five foot(5')high, maximum eight foot(8')high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot(4')wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. Page 3 of 7 K:\Planning Depl\Eagle Applications\SUBS\2008\Spnnghaven Sub MOD pzfdoc SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-4-1-12 Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. DISCUSSION: • As noted in the provided narrative date stamped by the City on January 27, 2011, the applicant is requesting a modification to the development agreement (Executed on September 23, 2009 — Instrument#109109347) associated with RZ-09-08 for Springhaven Subdivision. The applicant is requesting a modification to Condition of Development 3.2 of the executed development agreement to allow for the approval of a two (2) lot residential subdivision. The applicant is also requesting a waiver of the required landscape buffer to be located adjacent to East Beacon Light Road. o Condition 3.2 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. 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, notice shall be provided as may be required by the City. The applicant has submitted a combined preliminary/final plat application for a two (2) lot residential subdivision. The proposed two (2) lot residential subdivision is not in conformance with the Concept Plan (Exhibit `B") of the executed development agreement which shows the preliminary plat for the approved eight (8) lot Springhaven Subdivision. The applicant is requesting an additional Concept Plan exhibit be added to the development agreement to recognize the currently proposed two (2) lot residential subdivision in addition to the eight (8) lot Springhaven Subdivision. With the addition of another Concept Plan additional language should also be placed in the conditions of development to ensure that future resubdivision of the two (2) lots is in conformance with the previously executed development agreement and the approved final plat for the eight(8) lot Springhaven Subdivision (FP-06-08). • East Beacon Light Road is identified on the 2030 Functional Classification Map as a Minor Arterial. Pursuant to Eagle City Code, subdivisions located adjacent to a Minor Arterial are to be buffered from the arterial by a fifty foot (50') wide landscaped buffer area which contains a five foot to eight foot(5'-8') high berm and/or decorative block wall. The applicant is not proposing to construct the required landscape/screening buffers adjacent to East Beacon Light Road. As a companion application to the subject application, the applicant has applied for a modification to the development agreement associated with the rezone and the previously approved eight (8) lot residential subdivision. The applicant provided a narrative with the development agreement modification application, date stamped by the City on January 27, 2011, which requests a waiver of the requirement to construct the landscape buffer inclusive of the sidewalk adjacent to East Beacon Light Road for the two (2) lot subdivision. The development agreement modification narrative goes on to state that it is the applicant's intention to complete the required landscape Page 4 of 7 K:\Planning Depl\Eagle Applications\SUBS\2008\Spnnghaven Sub MOD pzfdoc buffer and sidewalk upon recordation of the final plat for the originally approved eight (8) lot Springhaven Subdivision. The applicant has requested that the following items be acknowledged regarding the landscape buffer waiver request: 1. Both owners of the subject parcel are going to live on the property. 2. Both homes will be located at least seven hundred feet(700') from East Beacon Light Road. 3. Both homes will be located so that they conform to the approved plat for the originally approved eight(8) lot Springhaven Subdivision. 4. The originally approved development agreement, design review and final plat for the eight (8) lot Springhaven Subdivision will ensure that all necessary improvements will be constructed. This includes, but is not limited to, a complete landscape buffer including a berm and sidewalk located adjacent to East Beacon Light Road, a new dedicated street constructed to ACRD standards, street lights, and a pressurized irrigation system serving all of the lots contained within the subdivision. Staff will defer to the Planning and Zoning Commission and the City Council for discussion regarding this item. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM: Staff recommends approval of the modifications to the Conditions of Development within the development agreement as provided within the staff report PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on March 21, 2011, 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 the application was presented to the Planning and Zoning Commission. By no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DECISION: The Commission voted 3 to 0 (Aizpitarte and Roehling absent) to recommend approval of RZ-09- 08 MOD for a modification to the Conditions of Development and associated exhibits for Matthew Smith, with the following staff recommend modified Conditions of Development: 3.2 The Concept Plan (Exhibit B) represents the Owner's concept for completion of an eight(8) lot residential subdivision and the Concept Plan(Exhibit B1)represents the Owner's current concept for completion of a two (2) lot residential subdivision. Upon completion and recordation of the two (2) lot residential subdivision any resubdivision of the property shall be in conformance with the provisions within the Development Agreement recorded under Instrument No. 109109347 and the Springhaven Subdivision Final Plat Conditions of Approval (FP-06-08). As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. 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, notice shall be provided as may be required by the City. Page 5 of 7 K:\Planning Dept\Eagle Applications\SUBS\2OO\Springhaven Sub MOD pzf doc 3.5 The construction of the required pressurized irrigation system, landscape/buffer berm, and sidewalk adjacent to East Beacon Light Road is hereby waived until such time that the property is resubdivided into the eight (8) lot Springhaven Subdivision (FP-06-08) or resubdivided into a different configuration in the future. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on January 27, 2011. 2. Notice of Public Hearing on this application for the Eagle City Council was published in the Idaho Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 28, 2011. Notice of Public Hearing on this application for the Eagle City Council was also published in the Valley Times on September 7, 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 March 4, 2011. The site was posted in accordance with the Eagle City Code on March 11, 2011. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone modification (RZ-09-08 MOD) 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 R-E-DA (Residential-Estates with a development agreement) is consistent with the Residential-Estates land use 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 are not in proximity to this location, nor expected to be provided, to serve single-family dwelling units on this property under the proposed zone therefore the site will be served by individual wells and septic systems; c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the RUT (Residential-Ada County designation) zone and land use to the north since Beacon Light Road is a minor arterial and a fifty foot (50') wide landscaped berm will separate this property from those areas, and; d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the A-R(Agricultural-Residential) zone and land use to the south since that area has a similar Comprehensive Plan land use designation and is developed in a similar manner as proposed for this development, and; e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the R-E (Residential-Estates up to one unit per two acres) zone and land use to the west since that site has the same Comprehensive Plan land use designation as proposed for this site, and could be developed in a similar manner; and f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the RUT (Residential-Ada County designation) zone and land use to the east since that site has a similar Comprehensive Plan land use designation and could be developed in a similar manner as this development, and; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan. Page 6 of 7 K.\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub MOD pzfdoc DATED this 4th day of April 2011. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho , 1 ` A .�. Derek Smith, Chairman T ATTEST: ......,,... • •�.• c. F A G1 F O .•...... II�w •• • "haron . Bergmann, Eagle City C erk = �'• ,„„01 �' . o ; _; • U �• • O • • e ••YYa¢'o• h tr'ziye ee p ,yr., Page 7 of 7 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub MOD pzf.doc