Findings - CC - 2012 - RZ-12-08MOD - Mod To Cond Of Development/5.78 Acre/3633 W Floating Feather Rd BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
FOR A MODIFICATION TO THE REZONE )
WITH DEVELOPMENT AGREEMENT FOR )
ABUNDANT LIFE BAPTIST CHURCH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-12-08 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on January 24, 2012. The 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 modifications to the Conditions of Development associated with the A-R-DA
(Agricultural — Residential — up to one (1) dwelling unit per five (5) acres with a
development agreement) zoning classification. The 5.78 acre site is 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. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, October 24, 2011. The rezone
modification request was received by the City of Eagle on November 14, 2011.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this 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 January 3, 2012. 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 January 3,
2012. The site was posted in accordance with the Eagle City Code on December 12, 2011.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 26, 2005, the City Council made a recommendation to Ada County Board of
County Commissioners to approve a Conditional Use Permit and Master Site Plan for
West Valley Baptist Church(05-03-CU/05-04-MSP—Ada County application).
On March 10, 2009, the City Council approved 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) for
Abundant Life Baptist Church(A-06-08/RZ-12-08).
On April 14, 2009, the City Council approved a design review application to convert a
residential dwelling to a church facility and construct a building addition for Abundant
Life Baptist Church(DR-03-09).
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On April 14, 2009, the City Council approved a design review application to allow one(1)
monument sign for the Abundant Life Baptist Church(DR-04-09).
On May 29, 2009, the development agreement associated with the project was executed by
both parties and subsequently recorded at the Ada County Recorders Office on June 2,
2009 (Instrument#109064085).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One(up to one A-R-DA(Agricultural- Proposed Church Facility
dwelling unit per acre Residential with a
maximum) development agreement)
Proposed No Change No Change No Change
North of site 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 Single-family
dwelling unit per acre Transition-Ada County dwelling/Pasture
maximum) designation)
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
G. TOTAL ACREAGE OF SITE: 5.78-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.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
J. NON-CONFORMING USES:None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-06-08/
RZ-12-08) and their correspondence is attached to the staff report and incorporated herein
by reference:
Ada County Highway District — Place conditions regarding right-of-way dedication,
sidewalk, and driveway requirements
Central District Health—No objections to the proposal
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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 of fire hydrants not to exceed TableC105.1 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.
L. LETTERS FROM THE PUBLIC:None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• The applicant is requesting modifications to the development agreement(Instrument#109064085)
associated with RZ-12-08 for the Abundant Life Baptist Church to amend Article III, "Conditions
of Development" as noted within their narrative date stamped by the City on November 14, 2011.
The applicant is proposing to add three (3) additional Conditions of Development to: 1) allow the
use of the existing residential dwelling and property to be utilized"as is"for a church use, 2)place
a building maximum occupant load on the existing residential dwelling to be used as a church, 3)
allow the applicant to replace the two existing storage buildings (in disrepair) located south of the
residential dwelling with a single new storage building (without design review approval), and 4)
allow the existing accessory structure located northwest of the residential dwelling to be converted
to an office(and expanded)without design review approval.
• Pursuant to the executed development agreement the applicant was required to submit a design
review application for all improvements located on the property, including but not limited to, the
conversion of the existing residential dwelling to a church facility and the office use located within
the adjacent accessory structure. On April 14, 2009, the City Council approved a design review
application to convert the residential dwelling to a church facility and construct a building addition
to the converted structure (DR-03-09). The applicant complied with the site specific conditions of
approval regarding providing revised plans (with the exception of Site Specific Condition of
Approval #6 which will be addressed later in this report); however, a building permit for the
required improvements was not issued nor was a final inspection requested for any completed site
improvements.
• In July of 2009, the applicant submitted a building permit(Permit#09-07-009) for the conversion
of the residential dwelling to a church facility. The applicant did not pick up the building permit
and on February 25, 2010, the Building Department sent correspondence to the applicant which
indicated that the building permit would expire on March 25, 2010, if the building permit were not
issued. The building permit was not issued and subsequently expired. The Ada County Assessor
Land Records website indicates that the residential dwelling has two (2) bathrooms and two (2)
fireplaces. The applicant provided a floor plan date stamped by the City on November 21, 2011,
which shows three (3) existing toilets and no fireplaces located in the residential dwelling. It is
unknown when the third toilet was installed; however, a building permit and a plumbing permit
are required for all alterations, additions, and renovations. It is unknown if any other alterations,
additions, or renovations have taken place within the interior of the residential dwelling.
The narrative provided with the design review application (DR-03-09)date stamped by the City on
February 4, 2009, indicates that the accessory structure adjacent to the existing residential dwelling
contained an office and storage area. The applicant did not indicate when the accessory structure
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was converted to an office use. Also, staff was not able to determine when the accessory structure
was converted to an office. Site Specific Condition of Approval #6 of the approved design review
application (DR-03-09) required that if the accessory structure located northwest of the proposed
church facility is to remain and be used for an office,the applicant was required to provide all Ada
County building and occupancy permits allowing this structure to be used as an office. To date,the
applicant has not provided a copy of an Ada County building permit or occupancy permit
approving the office use located within the accessory structure. In June of 2011, the applicant
submitted a building permit (Permit #11-06-021) application to allow an addition to the existing
accessory building where the office use is currently located. Since the applicant did not provide the
required Ada County documentation for the office use and the applicant was proposing an addition
to that accessory structure without design review approval the Planning and Zoning Department
did not approve the building permit. To date the applicant has not acquired a building permit for
the accessory structure where the office is currently located.
• The applicant is proposing to add a Condition of Development to allow for the use of the
residential dwelling and property in its current condition for a church use during the time the work
outlined in the executed development agreement is being performed and completed for the
construction of a new church. The applicant is also proposing a new subsection to that Condition
of Development to establish a maximum building occupant load for the converted residential
dwelling of 49 individuals as noted in an email from the applicant's representative dated
November 18, 2011. Condition of Development#3.5, within the executed development agreement
recognizes the existing home will be converted to a church. The applicant is requesting the
modification to allow the use of the existing residence "as is" and not be required to address the
change of occupancy of the residential dwelling to a church nor address other building code
requirements pursuant to Eagle City Code and the 2006 International Building Code. The
applicant's request to allow the residential structure to be used as a church facility does not
conform to the International Building Code (IBC) and, at a minimum, the applicant should be
required to work with the Building Department to address the change of use of the structure prior
to the issuance of a Certificate of Occupancy. The structure was constructed in 1977 as a
residential dwelling and since that time a request for a change of use of the residential dwelling has
not occurred. The proposed new use requires a change of occupancy to either a B (Business) or an
A (Assembly) occupancy. Pursuant to Eagle City Code all proposed development, including any
proposed changes in land use and/or building use, within the design review overlay district
(includes the entire city limits)requires the submittal of a design review application.
• The applicant provided a development agreement modified site plan, date stamped by the City on
November 14, 2011, that shows two (2) existing storage structures located south of the existing
residential dwelling. The storage structures are in disrepair and the applicant is requesting
building permits to remove the two (2) storage structures and replace them with one (1) new
storage structure. The applicant is requesting a modification to the development agreement to
allow for the issuance of a building permit for the construction of the new storage building without
being approved through a formalized design review process. Pursuant to Eagle City Code and the
executed development agreement, the submittal of a design review application is required prior to
construction of and/or addition to structures (with the exception of single-family dwellings and
duplexes)within the proposed project.
The development agreement modified site plan also shows an existing building (accessory
structure) located approximately 30-feet north and slightly west of the existing residential
structure. The applicant's representative indicated in an email, dated November 17, 2011,that they
are proposing a 200-square foot addition to the existing storage/office building. In June of 2009,
city staff emailed the applicant and indicated that, "since there are no permits/CO's showing that
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the building was converted from an accessory structure to an office, the Building Department is
going to need plans showing the structure complying with current codes." The applicant's
representative indicated in an email, dated November 18, 2011,that building plans were submitted
to the city in 2009, showing the conversion of the accessory building to an office and those plans
were subsequently reviewed and approved by the Building Department; however, a building
permit was never issued and the building permit request subsequently expired. As outlined in city
code, the applicant is required to submit a new design review application and upon review and
approval the applicant is required to submit building plans based on the approved design of the
accessory structure to be reviewed and approved by the Planning and Zoning and Building
Departments prior to the issuance of a building permit. However if the City Council determines
that the office is an acceptable temporary use as requested by the applicant the Council can delay
the required submission of a design review application until a future date determined by the
Council.
• The applicant is also requesting that Article VIII, General Matters, #8.7 be changed to read, "This
agreement terminates upon completion of Conditions of Development or 10 years from the date of
recording, whichever comes first." The executed development agreement (Condition of
Development #3.4) recognizes the church as a permitted use; should the agreement terminate the
church use would no longer be a permitted use. Upon termination of the development agreement
the applicant would be required to submit a conditional use permit application for review and
approval prior to any future expansion of the church use. Article #8.7 within the development
agreement should be modified to continue to recognize the church use as a permitted use upon
completion of the remaining conditions of development of the executed development agreement.
• To summarize the applicant's request as noted in the narrative date stamped by the City on
November 14, 2011, and in an email dated November 18, 2011, the applicant is requesting the
following Conditions of Development be added to the development agreement:
3.9 The Applicant shall be allowed to use the premises and real property, in the current
condition(see attached"D.A. Modification Site Plan"), for Church use during the time the
work outlined in the Development Agreement is being performed and completed.
3.9.1 During the period of time until the work outlined in the existing Development
Agreement is completed,the Building Occupant Load for Church services shall
be capped at 49.
3.10 The Applicant shall be allowed to obtain permits to replace the two existing storage
buildings on the subject property, in disrepair, with a single new storage building.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff will defer to the City Council regarding the requests for change of use of the residential dwelling
to a church use, construction of a new storage building (without design review approval) located south
of the existing residential dwelling, and the conversion to an office and expansion (without design
review approval)of the existing accessory building located northwest of the residential dwelling.
If the City Council approves the applicant's request then staff recommends approval of the following
modification to the development agreement Article VII—General Matters with the amended section to
read as follows:
8.7 Upon completion of the Conditions of Development the development agreement shall remain in
effect and recognize the church as a permitted use.
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PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on January 24, 2012, at
which time public testimony was taken and the public hearing was closed. The Council made their
decision at that time.
1
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.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-12-08 MOD for a modification to the Conditions of
Development of the development agreement (Instrument #109064085) for Abundant Life Baptist
Church, with the following Conditions of Development to be added to the Conditions of Development
and that Article VII—General Matters of the previously approved development agreement be amended
to read as follows:
3.9 If the applicant submits a building permit application as required by the building code,
complies with the building code requirements for the change of use, and receives a
certificate of occupancy issued by the City of Eagle Building Official, the applicant shall
be allowed to use the premises and real property in its current conditions with any
improvements and/or modifications required by the building code for a church use during
the time the other work outlined in the Development Agreement is being performed. No
design review will be required for the principal dwelling.
3.9.1 During the period of time the work outlined in the Development Agreement is
being completed, the building occupancy load for church services in the existing
principal dwelling shall be capped at 49 — if permitted by the building code and
Eagle Fire Department after complying with 3.9 above.
3.10 The applicant shall be allowed to obtain a building permit to replace the two existing
dilapidated storage buildings on the subject property with a single new storage building
with no design review application being required provided the design of the new storage
building is reviewed by staff to determine that the design is uniform with the other
existing accessory building and principal dwelling.
3.11 The applicant shall obtain a building permit for the accessory storage/office building and
the proposed minor addition to the storage/office building. The applicant shall not be
required to obtain design review approval for the storage/office building.
Article VII—General Matters
8.7 That at the termination of the Development Agreement, if the Conditions of Development
are completed in accordance with the Development Agreement, the church use shall be
considered a permitted use and the applicant shall not be required to obtain a Conditional
Use Permit for future expansion of the church use.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on-site at 6:00 PM, October 24, 2011. The rezone modification
request was received by the City of Eagle on November 14, 2011.
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2. Notice of Public Hearing on this 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 January 3,
2012. 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 January 3, 2012. The site was posted in accordance with the Eagle City Code on
December 12, 2011.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
12-08 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 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.
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