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Findings - PZ - 2012 - A-01-12 & RZ-01-12 - Rz From Rut To Ar-Da/5 Acre/11075 N Horseshoe Bend 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 A-R-DA(AGRICULTURAL-RESIDENTIAL ) WITH A DEVELOPMENT AGREEMENT) ) FOR SUMMER LAWNS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-01-12 &RZ-01-12 The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on May 7, 2012, 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: Summer Lawns, represented by Shawn Nickel with SLN Planning, is requesting approval of an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation)to A-R-DA(Agricultural-Residential up to one (1)unit per five(5)acres with a development agreement). The five (5) acre site is located on the west side of North Horseshoe Bend Road approximately 475-feet south of the intersection of North Horseshoe Bend Road and East Floating Feather Road at 11075 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, Thursday, March 1, 2012, at the Eagle Sewer District office in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on March 26, 2012. 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 April 16, 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 April 11, 2012. The site was posted in accordance with the Eagle City Code on April 27, 2012. Requests for agencies' reviews were transmitted on March 28, 2012, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 4, 2006, Thomas Martin submitted a conditional use permit application to the city requesting approval to maintain an existing nursery and landscape business within a proposed R-4 (Residential — up to four units per acre maximum) zoned subdivision (Summer Cedar Subdivision)(CU-13-06). Page 1 of 9 K.\Planning Dept\Eagle Applications\RZ&A\2012\A-01-12&RZ-01-12 Summer Lawns pzf doc On October 22, 2006, Thomas Martin submitted applications to the city requesting annexation and rezone with development agreement from RUT (Rural Urban Transition, Ada County designation) to R-4-DA (Residential - four units per acre maximum with development agreement) and preliminary plat approval for Summer Cedar Subdivision, an eighteen (18) lot subdivision (10 residential, 4 common, 4 future residential— currently a commercial landscape nursery) (A-20-06/RZ-26-06 and PP-20-06). On April 20, 2007, the applicant withdrew the annexation and rezone, preliminary plat and conditional use permit applications for Summer Cedar Subdivision and Summer Lawn landscaped business(A-20-06/RZ-26-06, PP-20-06 and CU-13-06). E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Four RUT(Rural-Urban Transition Summer Lawn Landscape (Residential, four units per —Ada County designation) Nursery acre maximum) Proposed No change A-R-DA (Agricultural- No Change Residential-up to one(1)unit per five(5)acres with a development agreement) Residential Four North of site A-R(Agricultural- Agricultural (Residential, four units per Residential-up to one(1)unit acre maximum) per five (5)acres) Residential Four South of site R-4(Residential, four units Single Family Residential (Residential, four units per per acre maximum) (Shadowview Subdivision) acre maximum) East of site Residential Three R-2 (Residential,two units Horseshoe Bend (Residential,three units per acre) Road/Single Family per acre maximum) Residential West of site Residential Four Residential One (Residential, Single-Family Residential (Residential, four units per one unit per acre maximum) acre maximum) /Agricultural Residential (One unit per five acres maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: Five(5) acres Page 2 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2012\A-01-12&RZ-01-12 Summer Lawns pzf doc APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's justification letter date stamped by the City on March 26, 2012, attached to the staff report and incorporated herein by reference. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's justification letter date stamped by the City on March 26, 2012, attached the staff report and incorporated herein by reference. K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: A letter from the Central District Health Department states that they have no objection to the .project. The applicant indicated within the provided annexation and rezone applications, date stamped by the City on March 26, 2012, that the property is currently served by a domestic well and an individual septic system. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. M. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—No Evidence of Erosion—No Fish Habitat—No Floodplain—No Mature Trees —Yes —Located in proximity to the structures located at the eastern portion of the site. Also,buffer area located adjacent to the north and south property lines. Riparian Vegetation—No Steep Slopes—No Stream/Creek—No Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—No N. NON-CONFORMING USES: Currently the applicant is operating a tree farm and accessory landscaping business (Summer Lawns) from the property. Ada County has indicated that the current use is an illegal use in the RUT(Rural-Urban Transition—Ada County designation) zoning district. The applicant is requesting an annexation with rezone to A-R-DA (Agricultural- Residential with a development agreement)to allow the current use to continue. O. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments,which appear to be of special concern, are noted below: Ada County Highway District — Provided a list of Site Specific Conditions of Approval that may be required should the property be developed in the future. Central District Health Department — Indicated that they have no objections to the proposal. Chevron Pipe Line Company — Indicated that they have no conflicts with the proposed application. Page 3 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2012\A-01-12&RZ-01-12 Summer Lawns pzf.doc Department of Environmental Quality — Provided comments regarding air quality, wastewater and reuse, drinking water, surface water, hazardous waste and ground water contamination, Eagle Fire Department—Indicated that the submitted application shows adequate access into the property and there is adequate water for fire protection. The correspondence also indicated that the existing business has been operating at this location for approximately 25 years without a major incident. Idaho Transportation Department—Indicated that they have no objection to the proposed annexation and rezone. The correspondence also indicated that State Highway 55 is adjacent to the site and no additional right-of-way will be required, no additional access will be permitted, and the landscaping is complete and noise walls were not part of the plan so the applicant should consider land uses with lower sensitivity to traffic noise. Independent School District of Boise City #1 —Indicated that the developer/owner have made arrangements to comply will all requirements of the Boise School District. Middleton Irrigation Association and Middleton Mill Ditch Company — Indicated the project is outside of their service area. United Water—Indicated that the project area is outside of their certificated service area. P. LETTERS FROM THE PUBLIC:None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map (adopted August 25, 2009) designates this site as Residential Four. Residential Four Suitable primarily for single family residential development within an urbanized setting. An allowable density of up to four(4)units per one(1)acre. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-1-2 defines Horticulture as: A. General: The raising of vegetables, flowers, ornamental trees, and shrubs as a commercial enterprise, including the storage of nursery equipment and materials and the erection of nursery structures. • Eagle City Code Section 8-1-2 defines a Nonconforming Use as: A building, structure or use of land existing at the time of enactment of this title, and which does not conform to the regulations of the district in which it is situated. • Eagle City Code Section 8-1-2 defines Setback Line as: A line established by this title, generally parallel with and measured from the lot line (except for front setback), defining the limits of a yard in which no building or structure may be located aboveground except as may be provided herein. Page 4 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2012\A-01-12&RZ-01-12 Summer Lawns pzf doc • Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations: Official Height and Area Regulations Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum District Height Side Side Lot Covered Area(Acres Or Lot Sq. Ft.) G And H* Width I* A-R 35' 60' 30' 30' 45' 10% 4.7-acres 100' • Eagle City Code Section 8-3-3 Supplemental Yard and Height Restrictions: In addition to all yard regulations specified in section 8-2-4 of this title, and in other sections of this title,the following provisions shall be adhered to: D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the council is provided. Such screening shall be a masonry or solid fence between four (4) and eight feet (8') in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet(4') in height at the time of planting. • Eagle City Code Section 8-3-4 Commercial and Industrial Uses Prohibited: A. Performance Requirements:No land or building in any district shall be used or occupied in any manner creating dangerous, injurious,noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises; except,that any case permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements: 1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the uniform fire code and the national safety foundation publications. 2. Radioactivity Or Electrical Disturbance:No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. 3.Noise: Objectionable noise, as determined by the administrator, which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement. 4. Vibration:No vibration shall be permitted which is discernible without instruments on any adjoining lot or property. Page 5 of 9 K\Planning Dept\Eagle Applications\RZ&A\2012\A-01-12&RZ-01-12 Summer Lawns pzf.doc 5. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the health authority. 6. Glare:No direct or reflected glare shall be permitted which is visible from any property outside a manufacturing district or from any street. 7. Erosion:No erosion by man,wind or water shall be permitted which will carry objectionable substances onto neighboring properties. 8. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authority. C. DISCUSSION: • The Comprehensive Plan designates this site as Residential Four. The applicant is requesting annexation and rezone from RUT (Rural-Urban Transition—Ada County designation) to a A- R-DA (Agricultural-Residential up to one (1) unit per five (5) acres with a development agreement) zoning designation. The applicant is requesting an A-R-DA (Agricultural- Residential up to one (1) unit per five (5) acres with a development agreement) zoning designation to allow for the applicant to continue operating the existing horticultural operation and accessory landscape business (Summer Lawns) from the property. The applicant currently raises trees on the site which are subsequently utilized for landscaping projects within the area. As part of the landscape business the applicant operates a landscape maintenance business for the continued maintenance of those projects and other projects located mainly throughout the Eagle area. The horticultural operation and accessory landscape business has been in operation at the current location for approximately 25-years. The applicant has indicated within the provided narrative, date stamped by the City on March 26, 2012, that as part of the landscape business operation, grass clippings that are remaining from the completed jobs are brought back to the site to either be utilized for compost or removed from the site by a recycling contractor. The applicant also indicated that during the neighborhood meeting the adjacent neighbors expressed their concern regarding the odor generated from the grass clippings being stored on the site prior to the recycling contractor picking them up. The narrative indicates that the area where the grass clippings were previously stored will be relocated to another location on the site that is further away from a majority of the residences and will provide more accessibility to the recycler that removes the grass clippings on a regular basis. The owner should not allow fumes or odors (from grass clippings) to be generated from the site. If any fumes or odors (from grass clippings) are generated from the site those fumes and/or odors should be mitigated within a 24-hour period. • The site layout plan, date stamped by the City on April 18, 2012, shows numerous accessory structures located on the eastern third of the site in proximity to North Horseshoe Bend Road. The accessory structures and the current use were established several years prior to the adjacent residential subdivision being constructed to the south of the subject property. The accessory structures are utilized for the horticultural operation and accessory landscape business. The accessory structures consist of an office, maintenance shop, greenhouse, shade structure, and several covered storage areas. Most of the existing structures(with the exception of one [1]) are located within five-feet (5') of the north and south property lines (side yard) and have been located on the site for quite some time. The required side yard setback area for the A-R(Agricultural-Residential up to one (1)unit per five (5) acres)is 30-feet in width. It is unknown how long these structures have been located on the site or whether or not they were constructed in conformance with the required setbacks at the time of construction. Staff defers comment to the Commission and Council with regard to requiring the accessory structures to Page 6 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2012\A-01-12&RZ-01-12 Summer Lawns pzfdoc be relocated to meet the required thirty foot (30') side yard setback of the requested zoning designation. If the Commission and Council allow the accessory structures to remain at the current locations, condition 3.4 of the development agreement should be deleted or modified. The remaining portion of the site consists of areas associated with tree production and a maintenance vehicle parking area. The site also contains deciduous and pine trees located adjacent to the north and south property lines to provide a buffer to the adjacent properties. A paved driveway provides access to the site from North Horseshoe Bend Road and there is a landscaped lawn area located at the eastern boundary of the site adjacent to North Horseshoe Bend Road. The landscape business use being conducted on the site conforms to a horticulture (general)use as defined pursuant to Eagle City Code. 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 up to one (1) unit per five (5) acres with a development agreement) with the conditions to be placed within a development agreement as noted in the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on January 17, 2012, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one(other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. COMMISSION DECISION: The Commission voted 3 to 0 (Roehling and Villegas absent) to recommend approval of A-01-12 and RZ-02-12 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to A-R-DA (Agricultural-Residential up to one (1) unit per five (5) acres with a development agreement) for Summer Lawns with the following staff recommended conditions to be placed within a development agreement with strike through text to be deleted by the Commission and underline text to be added by the Commission: 3.1 The Concept Plan(Exhibit B) represents the Owner's current concept and approved uses for the Property. Prior to future development and/or change of use on the Property the Owner will submit a development agreement modification application with a revised Concept Plan. The owner will also submit such applications regarding 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 Eagle City Code, which shall comply with Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 The horticulture operation and accessory landscaping business is the only approved use for the site. Any change of use will require a modification to this agreement prior to the change of use. Page 7 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2012\A-01-12&RZ-01-12 Summer Lawns pzfdoc 3.3 The owner shall not allow fumes or odors (from grass clippings) to be generated from the site. If any fumes or odors (from grass clippings) are generated from the site those fumes and/or odors shall be mitigated within a 24-hour period. 3.4 .. . - - -• - -- removed or relocated in order to comply with the thirty foot (30') side yard setback prior to - .... • . - - . . ., - . The accessory structures located adjacent to the north and south property lines shall be allowed to remain at their current locations. Should an accessory structure be removed or replaced, a new accessory structure shall meet the setback and location requirements for the A-R-DA (Agricultural-Residential up to one(1)unit per five(5) acres with a development agreement)zone. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at 6:00 PM, Thursday, March 1, 2012, at the Eagle Sewer District office in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on March 26, 2012. 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 April 16, 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 April 11, 2012. The site was posted in accordance with the Eagle City Code on April 27, 2012. Requests for agencies' reviews were transmitted on March 28, 2012, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-01- 12) 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 in accordance with the Residential Four land use 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 all uses allowed on this property under the proposed zone; c. The proposed A-R-DA (Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) zoning designation is compatible with the A-R (Agricultural-Residential-up to one (1) unit per five (5) acres) land use to the north since the parcel to the north consists of 4.8-acres and currently has one (1) residence located adjacent to North Horseshoe Bend Road. The remaining portion of the property is vacant. The property may be developed in a similar manner as this development or developed with a residential subdivision in the future; d. The proposed A-R-DA (Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) zoning designation is compatible with the R-4-P (Residential—up to four(4) units per acre, PUD) zone and land use to the south since that area is developed with a residential subdivision and the applicant has provided a buffer area adjacent to the southern boundary of the subject site. Also,the subject site may be developed in a similar manner at a future date; Page 8 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2012\A-01-12&RZ-01-12 Summer Lawns pzf.doe e. The proposed A-R-DA (Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) zoning designation is compatible with A-R (Agricultural-Residential-up to one (1) unit per five (5) acres) and R-1 (Residential — up to one (1)unit per acre)land uses to the west since those parcels do not contain any residences and the applicant has proposed a landscape materials and nursery supply area that provides a buffer to the adjacent parcels; £ The proposed A-R-DA (Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) zoning designation is compatible with the R2 (Residential —up to two (2) units per acre — Ada County designation) zone and land use to the east since that area is developed with a residential subdivision and is located across North Horseshoe Bend Road behind a landscaped berm that provides additional buffering; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area"as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. DATED this 21st day of May 2012. PLANNING AND ZONING COMMISSIP OFT P 'ITYOFE• L Ad o,nty, Idah. / - Yrictor Vill- , Cha' 'r'n ,,,%iiimi..i,i,, A TEST: o'���EAG�fi°•.,**, Sharon K. t ergmann, Eagle City 1 erll ; v 4,• A' • �N 4°�� ,,•�i W vcorpoi".445 ' s••..,;'a TE 0�'�'.� Page 9 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2012\A-01-12&RZ-01-12 Summer Lawns pzfdoc