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Findings - PZ - 2020 - RZ-07-20 - 2056 & 2078 E Dunyon St For 4 Two Family Dwelling Units DovetailBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE FROM R 4 [RESIDENTIAL] TO R-6-DA [RESIDENTIAL WITH A DEVELOPMENT AGREEMENT] FOR DOVETAIL, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-07-20 The above -entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on August 31, 2020, 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: Dovetail, LLC, represented by Guy Jones with Alliance Building, LLC, is requesting a rezone from R-4 (Residential) to R-6-DA (Residential with a development agreement) to allow for four (4) two- family dwelling units. The 1.58-acre site consisting of two (2) lots (Lots 6 — 7, Block 2, Randall Acres Subdivision No. 15), is located on the north side of East Dunyon Street approximately 300- feet east of the intersection of South Conover Street and East Dunyon Street at 2056 and 2078 East Dunyon Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle Public Library at 6:00 PM, on Thursday, February 20, 2020, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on June 2, 2020. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on July 10, 2020, in accordance with the requirements of the Eagle City Code. 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 14, 2020. Notice of this public hearing was mailed to property owners within 500-feet of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 13, 2020. The site was posted in accordance with the Eagle City Code on August 20, 2020. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None. E. COMPANION APPLICATIONS: None. Page 1 of 8 K:1Planning Dept\Eaglc Applica ions\RZ&A12020\RZ-07-20 Dovetail pzf docc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. H. I. J. K. L. M. N. Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Compact Residential No Change Compact Residential Mixed Use Compact Residential Compact Residential ZONING DESIGNATION R-4 (Residential) R-6-DA (Residential with development agreement) R-4 (Residential) MU (Mixed Use) R-4 (Residential) R-4 (Residential) LAND USE Single-family dwellings a Four (4) two-family dwellings (Condominiums) Single-family dwellings Commercial and single- family dwellings Single-family dwelling Single-family dwelling DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. URBAN RENEWAL DISTRICT: Yes. TOTAL ACREAGE OF SITE: 1.58-acres (68,824.8-square feet). APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's narrative, date stamped by the City on June 2, 2020 (attached to the staff report). AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property is fronted by East Dunyon Street. The property will be served by the Eagle Police Department, Eagle Fire Department, Eagle Sewer District, and Eagle Water Company. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. NON -CONFORMING USES: No non -conforming uses will be created with the proposed rezone. 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: City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated July 28, 2020, are of special concern (attached to the staff report). Ada County Highway District Central District Health Eagle Sewer District Eagle Fire Department Marathon Pipe Line, LLC West Ada School District O. LETTERS FROM THE PUBLIC: None received to date. Page 2 of 8 K:1Planning Dept\Eagle Applications\RZ&A120201RZ-07-20 Dovetail pafdocx THE PLANNING AND ZONING COMNIISSION RECEIVED AND REVIEWED THE FOLLOWING 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 November 15, 2017), designates this site as the following: Compact Residential Suitable for single-family residential, row houses, duplex and four-plexes. Densities range from 4 units per acre to 8 units per acre. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: DWELLING, SINGLE FAMILY ATTACHED: A dwelling consisting of two (2) or more dwelling units attached to one another by common walls with each dwelling unit being on a separate lot, commonly referred to as townhouses and/or townhomes. DWELLING, TWO-FAMILY: A dwelling, consisting of two (2) dwelling units which may be either attached side by side or one above the other. This definition does not include accessory dwelling units. • 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-1, 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. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Maximum Lot Area Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F Square Lot ti District Height Front Rear Side Side And J* Feet) H* Width I* R-6 R-6 to R- 10 Single family attached dwellings 35' 20' 25' 7.5' 20' 60% 7,000 50' 35' 20' 15' 5' 20' N/A 1,600 20' 10' if 5' if 0' for alley alley common load load wall Page 3 of 8 K:1Planning DepttEagle ApplicationssRZ&A120201RZ-07-20 Dovetail pzf docx G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-1:Design Review Overlay District: Applicability: This article applies to all proposed development located within the Design Review Overlay District which shall include the entire City limits, and any land annexed into the City after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and a fee as established by resolution of the City Council. Design review applications for a change in paint color are subject to review and approval by the City but otherwise shall not be required to comply in all respects to the requirements of this article. Within the A, A-R, R-E, and R Zoning Districts, unless required as part of the PUD, the following are specifically excluded from the requirements of the Design Review Overlay District: development of an individual single-family detached dwelling on a single parcel, an individual duplex (2 dwelling units), and an individual townhome consisting of a maximum of two (2) dwelling units. • Eagle City Code Section 8-10-1: Development Agreements: Requirements and Restrictions: B. Initiation Of Development Agreement: 1. A development agreement may be initiated for the rezoning of a particular parcel of land or collection of parcels of land through the following methods: b. On recommendation of the zoning administrator. C. DISCUSSION (based on the Concept Plan for Dovetail Condos, date stamped by the City on June 2, 2020 and the applicant's narrative, date stamped by the City on June 2, 2020): • The proposed project consists of four (4) two-family dwelling units. The two-family dwelling units will be constructed on two (2) lots with a total area of 1.58-acres. As proposed, the density is 5.06-dwelling units/acre. • The Concept Plan shows the four (4) two-family dwelling units with a twenty -foot wide (measured from back of curb to back of curb) private drive aisle providing access from East Dunyon Street to the dwelling units. The private drive aisle street section shows four (4) foot wide attached sidewalks attached to the ribbon curb located on each side of the private drive aisle. The Concept Plan also shows the rear elevation of the dwelling units located 25-feet from the adjacent property line. The Concept Plan shows the driveway distance between the front of the garage and the back of the sidewalk varying from 16-feet to 21-feet, except for Unit 4 which shows the driveway at approximately 35-feet in length. Pursuant to Eagle City Code Section 8-2-4(G), front load garages are to be set back a minimum of 25-feet from the back of sidewalk. The applicant should be required to provide a revised concept plan showing the driveway a minimum of 25-feet in length between the back of sidewalk and the front of garage. • As previously identified the subject site consists of two (2) lots (Lots 6-7, Block 2, Randall Acres Subdivision No. 15). Prior to developing the site the applicant should be required to submit a lot line adjustment application to remove the common side lot line located between the two (2) lots. The lot line adjustment should be reviewed and approved by the City prior to recordation of the lot line adjustment record of survey. The recorded lot line adjustment record Page 4 of 8 K:1Planniag Depi\Eagle Applicadons\RZ&A120201RZ-07-20 Dovetail pzf.docx of survey should be provided to the City prior to the issuance of a zoning certificate for construction of the two-family dwellings. • The applicant is proposing a private drive aisle to provide access to the four (4) two-family dwellings. The applicant's narrative indicates they have devised a plan for surface stormwater to ensure the development meets drainage requirements during subsequent design and permitting phases. The applicant should be required to submit a stormwater drainage plan to be reviewed and approved by the City Engineer prior to the issuance of a zoning certificate for construction of the two-family dwellings . • The title of the Concept Plan indicates it is for Dovetail Condos. The applicant's narrative references the requested rezone to an R6 [sic] designation is for future condominiums. Also, within the Project Location and Stormwater sections of the narrative it references the project as a subdivision. To date, the applicant has not submitted a condominium plat or a subdivision application. The applicant should be required to submit either a condominium plat or subdivision application prior to a transfer of ownership of the two-family dwellings to individual buyers. • Although the applicant is not currently proposing a subdivision, the development should be reviewed and approved by the Design Review Board and City Council prior to any development occurring to ensure the site contains desirable building and landscape architectural styles and materials to create a sustainable and pleasing environment for residents and visitors. The applicant should be required to submit a design review application(s) associated with the site landscaping and two-family dwellings. The design review application(s) should be reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning certificate for construction of the two-family dwellings. • Each two-family dwelling unit will have a two -car garage with associated driveway. The Concept Plan does not show any additional parking for guests. Although adequate parking for the two-family dwellings is being proposed pursuant to Eagle City Code Section 8-4-5: Schedule of Parking Requirements, the site will not have additional guest parking due to the narrowness of the access private drive aisle. The applicant should be required to provide a minimum of four (4) additional onsite guest parking spaces. The guest parking area should be reviewed and approved by the Design Review Board and City Council prior to issuance of a zoning certificate for construction of the two-family dwellings • The applicant has indicated within the narrative that they have been in contact with Eagle Water Company and have reached an agreement to provide domestic water to the property. The applicant should provide correspondence from Eagle Water Company indicating domestic water has been provided to the site prior to issuance of a zoning certificate for construction of the two-family dwellings. • The private drive aisle street section shown on the Concept Plan shows a four -foot (4') wide attached sidewalk located on each side of the private drive aisle. The applicant should be required to provide a minimum five-foot wide attached sidewalk located on each side of the private drive aisle. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on August 31, 2020, 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 no one. Page 5 of 8 K:1Planning Dcpt\Eagle Applications\RZ&A120201RZ-07-20 Dovetail pzf docx C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). COMMISSION DELIBERATION: (Granicus time 1:32:30) Upon closing the public hearing, the Commission discussed during deliberation that: • The proposed development is in conformance with the comprehensive plan. • The applicant should be required to obtain the proper permits prior to removal of the existing structures. • The driveway length in front of the garage should be of sufficient width to park a vehicle outside of the garage. COMMSSION DECISION: The Commission voted 4 to 0 (Smith absent) to recommend approval of RZ-07-20 for a rezone from R-4 (Residential) to R-6-DA (Residential with a development agreement) for Dovetail, LLC, with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission: 3.1 The maximum density for the Property shall be 5.07 dwelling units per acre (four [4] two-family dwelling units). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, the Owner will submit such applications regarding floodplain development permit review, preliminary and final plat reviews, condominium plat, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided with this Agreement. 3.3 The Concept Plan (Exhibit C) 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. 3.4 Owner shall be required to submit a lot line adjustment application to remove the common side lot line located between Lots 6 and 7, Block 2, Randall Acres No. 15 (Property). The lot line adjustment shall be reviewed and approved by the City prior to recordation of the lot line adjustment record of survey. The recorded lot line adjustment record of survey shall be provided to the City prior to issuance of a zoning certificate for construction of the two-family dwellings. 3.5 Owner shall submit a design review application showing at a minimum: 1) two-family dwelling elevations, 2) planting details within all open areas throughout the development and the driveway planter islands, 3) elevation plans for all proposed open area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, garden boxes, gazebos, and/or similar amenities (if proposed), 6) all proposed fencing throughout the development, and 7) proposed development signage. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a zoning certificate for construction of the two- family dwellings. 3.6 Owner shall provide a minimum of four (4) additional onsite guest parking spaces. The guest parking area shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a zoning certificate for construction of the two-family dwellings. Page 6 of 8 K: Planning DcptIEaglc Applications\RZ&A120201RZ-07-20 Dovetail pzf.docx 3.7 Owner shall submit a stormwater drainage plan to be reviewed and approved by the City Engineer prior to the construction of the private drive aisle and/or the first two-family dwelling unit on the Property. 3.8 The two-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "D". To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit "D". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1 3.9 The driveway length shall be a minimum of 25-feet in length between the back of sidewalk and the front of garage. 3.10 Owner shall provide a minimum five-foot wide attached sidewalk located on each side of the private drive aisle. 3.11 Owner shall provide correspondence from Eagle Water Company indicating domestic water has been provided to the site prior to the issuance of a zoning certificate for construction of the two-family dwellings. 3.12 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to issuance of a zoning certificate for construction of the two-family dwellings. Prior to issuance of any building permits, Owner shall provide proof of central sewer service for the two-family dwellings. 3.13 Owner shall comply with all requirements of the Ada County Highway District, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 3.14 Owner shall place a 4'x8' sign containing information regarding the proposed development. The development sign shall be located along the roadway that is adjacent to the Property. The development sign shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. 3.15 Owner shall remove the single -wide mobile home and the existing home on site prior to the issuance of a building permit for two-familv dwelling units. Owner shall obtain a demolition permit prior to removal of the existing home. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-07-20) 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-6-DA (Residential with a development agreement) is consistent with the Compact Residential 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 proposed senior living facility use on this property under the proposed zone; c. The proposed R-6-DA (Residential with a development agreement) zone is compatible with the R- 4 (Residential) zone and land use to the north since that area contains an irrigation ditch located within a separate lot and single-family dwellings located north of the irrigation ditch. The properties located north of the irrigation ditch may be developed in a similar manner in the future; Page 7 of 8 K:\Planning Dept\Eagle Applications\RZ&A120201RZ-07-20 Dovetail pzf.docx d. The proposed R-6-DA (Residential with a development agreement) zone is compatible with the MU (Mixed Use) zone and land use to the south since that area (consisting of four [4] separate Tots) contains single-family dwellings and commercial uses. The subject property is separated from the properties to the south by a public street (East Dunyon Street) which separates the proposed use from the properties located south of the proposed development; e. The proposed R-6-DA (Residential with a development agreement) zone is compatible with the R- 4 (Residential) zone and land uses to the east and the west since that area contains single-family dwellings and may be developed in a similar manner in the future; f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; No non -conforming uses are expected to be created with this rezone since the existing residential dwelling and mobile home will be removed as required within the development agreement. g. DATED this 21st day of September, 2020. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairma ATTE DNiSharon I� ergmann, Eagle City Clerk •.• CITy ••, • Jo•�,.....•�p •.,� ;•••..'r CORpo'; E. 4i2 .g2 : •% � � frrj 11:t04...11:,°••1214g OOOOOOOOOOO '••.,,,,AHO ���,�%S•' Page 8 of 8 K \Planning Dept\Eagle Applications \RZ&A\202O\RZ-07-20 Dovetail pzf docx ,,,,i)egtiflf.