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Findings - PZ - 2021 - A-11-20 &RZ-15-20 - 385 E Clearvue Dr Annexation & Rezone Rut To R-E-Da BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RUT (RURAL-URBAN TRANSITION) ) TO R-E-DA(RESIDENTIAL-ESTATES ) WITH A DEVELOPMENTAGREEMENT) ) FOR RUSSELL AND COLLETTE BRUNSON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-11-20&RZ-15-20 The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on January 19,2021,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: Russell and Collette Brunson, represented by Todd W. Heist with TWH Construction, are requesting annexation and rezone from RUT(Rural-Urban Transition—Ada County designation) to R-E-DA(Residential-Estates with a development agreement).The 5-acre site,consisting of two (2)parcels,is located on the south side of East Clearvue Drive approximately 845-feet east of North Meridian Road at 385 East Clearvue Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 5:00 PM, on Monday, November 2, 2020, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on November 19,2020. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on December 9, 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 January 1,2021. Notice of this public hearing was mailed to property owners within 1,500-feet of the subject property in accordance with the requirements of Title 67,Chapter 65,Idaho Code and Eagle City Code on December 31,2020.The site was posted in accordance with the Eagle City Code on December 31,2020. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 9, 2020, the Ada County Board of Commissioners denied a variance of the RUT Zone 5% maximum lot coverage standard for construction of an 828-square foot detached accessory building. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2020\A-11-20&RZ-15-20 Brunson pzfdocx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Large Lot Residential RUT(Rural-Urban Transition Single-family —Ada County designation) dwelling Proposed No Change R-E-DA(Residential-Estates No Change with a development greement) North of site Large Lot Residential RUT(Rural-Urban Transition Single-family —Ada County designation) dwellings(Clearvue Estates Subdivision) South of site Large Lot Residential R-E(Residential Estates) Single-family dwellings (Sugarberry Woods Subdivision) East of site Large Lot Residential RUT(Rural-Urban Transition Single-family —Ada County designation) dwellings(Clearvue Estates Subdivision) West of site Large Lot Residential RUT(Rural-Urban Transition Single-family —Ada County designation) dwellings(Clearvue Estates Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 5-acres APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's justification letter,date stamped by the City on November 19,2020(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 November 19,2020(attached to the staff report). K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property is accessed by Clearvue Drive. The property will be served by the Eagle Police Department,Meridian Fire Department,and an on-site well and 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,all mature trees to remain Riparian Vegetation—No Page 2 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2020\A-11-20&RZ-15-20 Brunson pzf docx Steep Slopes—No Stream/Creek—No Unique Animal Life—Unknown Unique Plant Life—Unknown Unstable Soils—No Wildlife Habitat—Deer and Turkeys(identified by applicant on application,date stamped by the City on November 19, 2020) N. NON-CONFORMING USES:None O. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Development Services Ballentyne Ditch Company Marathon Pipe Line, LLC P. LETTERS FROM THE PUBLIC (attached to the staff report): Correspondence received from Larry Sandusky,date stamped by the City on December 22,2020. Correspondence received from Carlene Canfield,date stamped by the City on December 30,2020. Email correspondence received from John M. Dick,dated January 10,2021. Email correspondence received from Brian Hoff, dated January 11,2021. Email correspondence received from Shannon Dick,dated January 11,2021. Correspondence received from April and Brad Dillon, date stamped by the City on January 11, 2021. THE PLANNING AND ZONING COMMISSION 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: Large Lot Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher than 1 unit per 2 acres.Open space and parks in this area will be generally limited. Land uses in this category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential and Agricultural/Rural designations. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot,expressed as a percentage. Page 3 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2020\A-11-20&RZ-15-20 Brunson pzfdocx • Eagle City Code Section 8-2-1: Districts Established Purposes and Restrictions: R-E RESIDENTIAL-ESTATES DISTRICT: To provide opportunities for very low density residential land use compatible with the topography and public service capacities. Gross density shall not exceed one single-family dwelling unit per two(2)acres. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimu Note Conditions A To E* m Lot Area Maximu (Acres ( m Lot Or Minimu Zoning Maximu Stree Covered Square m Lot District m Front Rear Interior t F And Feet) Width Height Side Side J* H* I* R-E 35' 50' 30' 20' 35' 15% 1.8 acres 100' • Eagle City Code Section 8-10-1: Development Agreement: Requirements and Restrictions: A. Purpose: Development agreements are a discretionary tool to be used by the council as a condition of rezoning. Development agreements allow a specific project with a specific use to be developed on property in an area that is not appropriate for all uses allowed or conditional in the requested zone. C. DISCUSSION: • The applicant is requesting an annexation and rezone with a development agreement to facilitate the construction of an 828-square foot detached garage on the property. The annexation and rezone are required prior to construction because the maximum lot coverage for the RUT (Rural-Urban Transition—Ada County designation) zone of 5% would be exceeded. The applicant applied for and was denied a variance by the Ada County Board of Commissioners(See Findings of Fact and Conclusions of Law,Project No.202001506-V,dated September 9,2020, [attached]).Members of the Ada County Board of Commissioners suggested that the applicant annex into the City of Eagle during that meeting(See Board of Ada County Commissioners Minutes, dated September 9,2020 [attached]). • The lot coverage of the subject property is generally higher than nearby properties located outside of Eagle City Limits but is similar to that of other nearby R-E zoned properties within the City of Eagle. Page 4 of 7 K:\Planning Depl\Eagle Applications\RZ&A\2020\A-11-20&RZ-15-20 Brunson pzf.docx L,, Subject Property 6, ..„. N N L -- ClearLot Coverage } \ 7 J D w reek c �\ 0.94 \ 2.00 .*.�� No Structure a M t ;�:.� I_ ~� 0% - 2.5 % u o .11 M W a 2.5% 5% Vt W tD M ON ni ' .. �_ � Q River-,Heights ■N M W �akha� ® 5% 10% `;E M w 2.94 3.09 2.82 0.40 I hvil �I MI 10% or greater n� 1.00 °eat U M N tie 2.04 D 1.39 5. 6 1.43 2.54 U, I � 1r Sugarberry v 'Su ar M fl °D r 0.68 ^ Preston,l —ro a 0. i bzrY .-,� moo^ ro > .. 434 + _- 0,? r..—e-6 ,,_:t- col 1 r _ 23. J 4 11 p 5.33 Stafford ,, ��) 4.39: \� __: ,0 Ste) .. Bolton 2 A Bolton a.55 �` l g Ig t � lam�w1c 3 — cr=a I_ `0 1'0y25 8.•2 W'0010.f _ k ���� 0 500 1000 ft — a C D 13 (�— rr � . ' Stansburyj —'C —�1 ,= I I n Figure 1 Lot coverage within required mailing radius PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on January 19,2021,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 the following concerns: • The proposed annexation is not in conformance with the subdivision CC&Rs. • Annexation may lead to a"domino effect"of urban development. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(other than the applicant/representative). D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: (Granicus time 00:34:08) Upon closing the public hearing,the Commission discussed during deliberation that: • The comprehensive plan designates the area as Large Lot Residential; therefore, the request is appropriate since it is in conformance with the comprehensive plan. • An annexation of the property will not create a"domino effect"of future annexations. • The applicant's request is to allow additional lot coverage, not to further subdivide the property. COMMISSION DECISION: The Commission voted 3 to 0 (McCauley and Smith absent)to recommend approval of A-11-20&RZ-15- Page 5 of 7 K:\planning Dept\Eagle Applications\RZ&A\2020\A-I I-20&RZ-15-20 Brunson pzf docx 20 for an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to R-E-DA (Residential Estates with a development agreement) for Russell and Collette Brunson, with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission: 3.1 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, 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 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. 3.2 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. 3.3 Outdoor sporting events and Live Entertainment Events as defined by Eagle City Code Section 8- 1-2 shall be prohibited on the Property unless a home occupation permit is approved by the City Council in accordance with Eagle City Code Section 8-3-5 (L). 3.4 The Property consisting of two (2) parcels, totaling five (5) acres shall not be further subdivided and shall be limited to one(1)residence. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-11-20 & RZ-15-20) 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 upon annexation 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 Large Lot 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 residential use and accessory outbuildings on this property under the proposed zone; c. The proposed R-E-DA(Residential Estates with a development agreement)zone is compatible with the RUT(Rural-Urban Transition—Ada County Designation)zone and land use to the north since the land uses are similar and the applicant is limited to a density of one (1)unit per five (5)acres through a development agreement; d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the R-E (Residential-Estates) zone and land use to the south since the land uses are similar and the applicant is limited to a density of one (1) unit per five (5) acres through a development agreement; e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the RUT(Rural-Urban Transition—Ada County Designation) zone and land use to the east since the land uses are similar and the applicant is limited to a density of one (1) unit per five (5) acres through a development agreement; f. The proposed R-E-DA(Residential Estates with a development agreement)zone is compatible with the RUT(Rural Urban Transition—Ada County Designation)zone and land use to the west since Page 6 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2020\A-11-20&RZ-15-20 Brunson pzf.docx • the land uses are similar and the applicant is limited to a density of one (1) unit per five (5) acres through a development agreement; g. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as described within the Comprehensive Plan; h. No non-conforming uses are expected to be created with this rezone. DATED this 1st day of February,2021. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho Trent Wright,Chairman • ,� � F• �( OF A EST: `ORp�Rq j%tt' * • • • • • to• •.r •• AL _ Tracy E. orn, agle City Clerk;w'>,Z� �D��a / OF,,********Ip P Page 7 of 7 K:\Planning Dept\Eagle Applications\Rz&A\2020\A-11-20&RZ-15-20 Brunson pzf docx