Findings - CC - 2013 - RZ-02-13 - Rz From A To R-2/1.19 Acre/470 E Floating Feather Rd •
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM A(AGRICULTURAL)TO )
R-2 (RESIDENTIAL-UP TO 2 UNITS PER ACRE) )
FOR SCHNEIDER CUSTOM HOMES,INC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-02-13
The above-entitled rezone application came before the Eagle City Council for their action on October 8,
2013. The Eagle City 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:
Schneider Custom Homes, Inc., represented by Phil Hull with the Land Group, is
requesting approval of a rezone from A (Agricultural—up to one (1) unit per twenty(20)
acres) to R-2 (Residential — up to 2 units per acre. The 1.19-acre site is located on the
north side of East Floating Feather Road approximately 1,280-feet east of the intersection
of North Eagle Road and East Floating Feather Road at 470 East Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, May 29, 2013, on site in compliance with
the application submittal requirement of Eagle City Code. The application for this item
was received by the City of Eagle on May 30, 2013.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on August 19, 2013. Notice of this public hearing
was mailed to property owners within three-hundred feet(300-feet)of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on August 15, 2013. The site was posted in accordance with the Eagle City Code on
August 22, 2013. Requests for agencies' reviews were transmitted on June 11, 2013, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the 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 September 23, 2013. 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 September 20,
2013. The site was posted in accordance with the Eagle City Code on September 26,
2013.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 16, 2013, the City of Eagle Planning and Zoning Commission approved a
rezone application from A (Agricultural—up to one (1) unit per twenty(20) acres)to R-2
(Residential—up to 2 units per acre)associated with the subject property. (RZ-02-13).
E. COMPANION APPLICATIONS: Parcel Division application for 2-lots(PD-01-13).
Page 1 of 6
K:\Planning Dept\Eagle Applications\RZ&A\2013\RZ-02-13 Schneider ccf doc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three A (Agricultural-up to one Vacant
(1)unit per twenty(20)acres
Proposed No change R-2(Residential-up to 2 Single family residential
units per acre)
North of site Residential Two and R-2-DA-P and R-4-DA-P Single family dwellings
Residential Three (Brookwood PUD)
South of site Residential Three and R-3 and R-4 Single family dwellings
Residential Four (Red Leaf Heights and
Eagle Knoll Subdivisions)
East of site Residential Three R-4-DA-P Single family dwellings
(Brookwood PUD)
West of site Residential Two R-2-DA-P Single family dwellings
(Brookwood PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 1.19-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on May 30, 2013, and
subsequent email dated, August 28, 2013 attached to the staff report.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on August 2, 2012, and
subsequent email dated, August 28, 2013 attached to the staff report.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the City of Eagle Municipal Water Service Area and is
within the annexed boundaries of the Eagle Sewer District. Fire service is provided by
Eagle Fire District and law enforcement is provided by the Eagle Police Department.
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—No
Riparian Vegetation—No
Steep Slopes—Yes
Stream/Creek—No
Page 2 of 6
K:\Planning Dept\Eagle Applications\RZ&A\2013\RZ-02-13 Schneider ccf doc
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
N. NON-CONFORMING USES:None are apparent on the site.
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
Central District Health Department
Chevron Pipe Line Company
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
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 site is designated as Residential Three on the Comprehensive Plan Land Use Map.
Chapter 6—Land Use
6.3.5 Residential Three
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 3 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:None
C. DISCUSSION:None
STAFF RECOMMENDED FINDINGS:
• Rezone: 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. The requested zoning designation of R-2 (Residential - up to 2 units per acre) is
consistent with the Residential Three designation as shown on the Comprehensive
Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve the uses proposed on this property under the
proposed zone;
c. The proposed R-2 (Residential) zone is compatible with the R-2-DA-P and R-4-DA-P
Page 3 of 6
K:\Planning Dept\Eagle Applications\RZ&A\2013\KZ-02-13 Schneider ccf doc
zones and land use to the north since that area is developed with residential uses;
d. The proposed R-2 (Residential) zone is compatible with the R-3 and R-4 zones and
land use to the south since that area is developed with residential uses;
e. The proposed R-2 (Residential) zone is compatible with the R-2-DA-P zone and land
use to the west since that area is developed with residential uses;
f. The proposed R-2 (Residential) zone is compatible with the R-4-DA-P zone and land
use to the east since that area is developed with residential uses;
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.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone from A(Agricultural)to R-2 (Residential - up to 2 units per acre).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 3, 2013, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one (1) individual, who indicated they were opposed to the proposed rezone for the following
reasons:
• The individual is concerned that his view will be obstructed by this use if a two story house
would be constructed on this property. He may install a pool on his property and he is
concerned with maintaining his privacy. He would like the city to install additional trees and
screening along the greenbelt so that if he installs a swimming pool that his privacy would be
protected.
• Feels that if children will be utilizing this property there may be a need for a speed bump or
stop sign.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one(1) individual, who indicated they were in favor of the proposed rezone for the following reasons:
• Individual is in favor of approval and feels that single family homes are best use for the area.
COMMISSION DECISION:
The Commission voted 3 to 0 (Aizpitarte absent, 1 vacant seat)to recommend approval of RZ-02-
2013 for a rezone from A (Agricultural - up to one (1) unit per twenty (20) acres) to R-2
(Residential-up to two(2)units per acre) for Schneider Custom Homes,LLC.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 8, 2013, at which
time testimony was taken and the public hearing was closed. The Council made their decision at
that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than
the applicant/representative).
Page 4 of 6
K:\Planning Dept\Eagle Applications\RZ&A\2013\RZ-02-13 Schneider ccf doc
COUNCIL DECISION:
The Council voted 4 to 0 to recommend approval of RZ-02-2013 for a rezone from A (Agricultural-up to
one (1)unit per twenty(20) acres)to R-2 (Residential - up to two (2)units per acre)for Schneider Custom
Homes, LLC.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, May 29, 2013, on site in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on May 30, 2013.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on August 19, 2013. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on August 15, 2013. The site was posted in accordance
with the Eagle City Code on August 22, 2013. Requests for agencies' reviews were transmitted on
June 11, 2013, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the 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 September 23,
2013. 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 September 20, 2013. The site was posted in accordance with the Eagle City
Code on September 26, 2013.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-02-13) in
terms Eagle City Code Section 8-7-5 (F) (1)"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-2 (Residential - up to 2 units per acre) is consistent with
the Residential Three designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided, to serve
the uses proposed on this property under the proposed zone;
c. The proposed R-2 (Residential)zone is compatible with the R-2-DA-P and R-4-DA-P zones and
land use to the north since that area is developed with residential uses;
d. The proposed R-2 (Residential) zone is compatible with the R-3 and R-4 zones and land use to
the south since that area is developed with residential uses;
e. The proposed R-2 (Residential) zone is compatible with the R-2-DA-P zone and land use to the
west since that area is developed with residential uses;
f. The proposed R-2 (Residential) zone is compatible with the R-4-DA-P zone and land use to the
east since that area is developed with residential uses;
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.
Page 5 of 6
K:\Planning Dept\Eagle Applications\RZ&A\2013\RZ-02-13 Schneider ccfdoc
DATED this 22nd day of October,2013.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
. , /��2 - A. /4.AZA,. •.••'��� EqC''•.,,
. es D. Reynold M, or •.•�q,'‘•r••'«•••yE' ••.,�
• * 0'C
=• c)O QoRgi,%
A TEST: * :
/ V.) m's. ::
SE 1.
'41 —ad . IJdAh .1 '•* '.ot Pips 4O
Sharon K. .41-ru ann,Eagle City Clerk / S. '••.....•' P��•`
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 6 of 6
K:\Planning Dept\Eagle Applications\RZ&A\2013\RZ-02-13 Schneider ccf doc