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Findings - PZ - 2022 - A-13-22 & RZ-17-22 - James Annexation Rezone - Annexation, Rezone From Rr To R-E-Da For Colleen Marks BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RR (RURAL RESIDENTIAL)TO ) R-E-DA [RESIDENTIAL-ESTATES WITH ) A DEVELOPMENT AGREEMENT] FOR ) COLLEEN MARKS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-13-22 & RZ-17-22 The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on December 5, 2022, 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: Colleen Marks is requesting an annexation and rezone with development agreement from RR (Rural Residential—Ada County designation)to R-E-DA(Residential-Estates with a development agreement).The 1.00-acre site is located on the east side of North Hawk Wing Lane approximately 300-feet north of the intersection of West Homer Road and North Hawk Wing Lane at 4940 North Hawk Wing Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held onsite at 6:00 PM, on Wednesday, August 17, 2022, in compliance with the application submittal requirement of Eagle City Code.The application for this item was received by the City of Eagle on October 4, 2022. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on October 20, 2022, 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 November 17, 2022. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 18, 2022. The site was posted in accordance with the Eagle City Code on November 23,2022. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: The final plat for Garrigan Estates Subdivision was recorded at the Ada County Clerk's Office on August 26, 1999. On December 15, 2015, the City Council approved an annexation, rezone with development agreement, and combined preliminary and final plat for George and Leigh Brecht (A-04-15/RZ- 09-15 &PP/FP-01-15). On January 10, 2017, the City Council approved an extension of time of the preliminary plat for Garrigan Estates Subdivision No.2,to be valid until January 12,2018,for George and Leigh Brecht (EXT-13-16). Page 1 of 7 K.\Planning Dept\Eagle Applications\RZ&A\2022\James Annexation Rezone\Working Files\James Annexation Rezone pzf docx On March 2, 2017, the Garrigan Estates Subdivision No. 2 final plat was recorded at the Ada County Recorder's Office(Instrument#2017-018300). On November 6, 2019,the Zoning Administrator approved a lot line adjustment to remove the lot line separating Lot 1, Block 1, Garrigan Estates Subdivision and Lot 6, Block 1 Garrigan Estates Subdivision No. 2(LLA-06-19). E. COMPANION APPLICATIONS: Lot Line Adjustment between the subject property and a portion of Lot 6,Block 1,Garrigan Estates Subdivision No. 2(LLA-05-22). F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Agriculture/Rural RR(Rural Residential— Single-family residence Ada County designation) Proposed No Change R-E-DA(Residential- No change Estates with a Development Agreement) North of site Agriculture/Rural RR(Rural Residential— Single-family residence Ada County designation) (Garrigan Estates and R-E-DA (Residential- Subdivision)and vacant Estates with a lot(Lot 9,Block 1 Development Agreement) Garrigan Estates Subdivision No. 2) South of site Agriculture/Rural R-E-DA (Residential- Non-buldable lot(Lot 6, Estates with a Block 1, Garrigan Estates Development Agreement) Subdivision No. 2) East of site Agriculture/Rural R-E-DA(Residential- Non-buldable lot(Lot 6, Estates with a Block 1, Garrigan Estates Development Agreement) Subdivision No. 2) West of site Agriculture/Rural R-E-DA(Residential- Vacant lot(Lot 7,Block Estates with a 1,Garrigan Estates Development Agreement) Subdivision No. 2) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA, CEDA,or DSDA. H. TOTAL ACREAGE OF SITE: 1.00-acres APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's narrative,date stamped by the City on October 4,2022(attached to the staff report). J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's narrative,date stamped by the City on October 4,2022(attached to the staff report). Page 2 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2022\James Annexation Rezone\Working Files\James Annexation Rezone pzf docx K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property is located within the Star Fire Protection District. The existing home is served by a potable 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, located along the north and east property lines. Riparian Vegetation—No Steep Slopes—No Stream/Creek—No Unique Animal Life—Unknown Unique Plant Life—No Unstable Soils—No Wildlife Habitat—Unknown N. NON-CONFORMING USES: Upon annexation and as required within the development agreement,the applicant will record a lot line adjustment(LLA-05-22)to increase the size of the subject property to be a minimum of 1.8- acres as required within the R-E(Residential-Estates)zoning designation. 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: City Trails and Pathways Superintendent email dated October 21, 2022 (attached to the staff report). Eagle Sewer District Idaho Transportation Department Middleton/Star Fire Protection District P. LETTERS FROM THE PUBLIC(attached to the staff report): Email correspondence received from Kim D Giannecchini,dated November 28,2022. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.5 Land Use Designation The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Page 3 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2022Uames Annexation Rezone\Working Files\James Annexation Rezone pzf docx Agricultural/Rural Suitable for parcels that are 5 acres or larger in size may include active agriculture, viticulture, equestrian,and estate or large lot residential.Uses include low density housing with significant spaces between homes that are close to native open space and active farmland. Rural uses are not amenity based(sewer,water,schools)and are located away from good and services.These areas encourage the keeping and raising of crops and/or animals and do not necessarily include manicured yards,sidewalks, bike paths, or planned park and recreation facilities. Density may be limited due to the limited availability of infrastructure and roadway capacity. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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. C. DISCUSSION: • The applicant is requesting an annexation with rezone with a development agreement of Lot 3, Block 1, Garrigan Estates Subdivision. The proposed use, as conditioned within the development agreement,will not create a non-conforming use within the R-E(Residential-Estates)zone since a lot line adjustment is required to ensure the 1-acre parcel is combined with a portion of the adjacent parcel(Lot 6,Block 1,Garrigan Estates Subdivision No.2)to create a 1.80-acre parcel which will be in conformance with the required 1.8-acre minimum lot size of the R-E (Residential-Estates) zoning designation.Upon annexation of Lot 3,Block 1,Garrigan Estates Subdivision,the applicant will record the lot line adjustment (LLA-05-22) to enlarge the subject property. The applicant should address the site specific conditions of approval of the lot line adjustment(LLA-05-22)and present a record of survey mylar ready for signature by the City Clerk prior to the adoption of an ordinance for annexation and rezone of Lot 3,Block 1,Garrigan Estates Subdivision. • Plat note#10 of the Garrigan Estates Subdivision No. 2 final plat states,"Lot 6 is a non-buildable lot to be maintained by its owner per City of Eagle requirement." Upon annexation and rezone of Lot 3, Block 1, Garrigan Estates Subdivision, the applicant will record the lot line adjustment (LLA-05-22)to enlarge the subject property. The subject property contains a residential dwelling. The development agreement should contain a condition of development prohibiting any additional dwellings to be constructed within the property. • The Garrigan Estates Subdivision No. 2 recorded plat (Ada County instrument #2017-018300) identifies building setback easement(instrument#9009106)encumbering 215-feet of Lot 6,Block 1,located adjacent to the east property line.The development agreement should contain a condition of development which states no structures should be constructed within the 215-foot wide building setback as identified on the Garrigan Estates Subdivision No. 2 final plat unless the recorded building setback line is vacated. PUBLIC HEARING OF THE COMMISSION(Public Hearing AudioNideo Record): https://eagle- id.granicus.com/player/clip/1656?view id=1&redirect=true&h=4af92c1cee0c7e41eeleb0de7597245a A. A public hearing on the application was held before the Planning and Zoning Commission on December 5,2022,at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. Page 4 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2022\James Annexation Rezone\Working Files\James Annexation Rezone pzf.docx B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by three(3)individuals who indicated the following: • Upon annexation of the subject property,the applicant will be completing a lot line adjustment.A portion of the area associated with the lot line adjustment will contain property which includes an area in which landscaping is currently maintained by the individual. The individual indicated that due to the possible change in ownership it will be a violation of his property rights. The individual requested the lot line adjustment be terminated at the western edge of his easement area. • A concern with the intensification of the area.Also,there is wildlife in the area,and it is unknown if there is unique plant life in the area. • The property contains slopes; therefore, the applicant should be required to address any hillside concerns if grading or building is proposed. • A concern with the reduction in size of the adjacent existing lot from 5.0-acres to 4.8-acres in size. D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning and Zoning Commission by one (1) individual who provided clarification regarding the perpetual maintenance of landscaping agreement and previous land swaps which have taken place within the subdivision. COMMISSION DELIBERATION: (Granicus time 01:26:24) Upon closing the public hearing,the Commission discussed during deliberation that: • The applicant should be required to provide a landscape easement to the adjacent property owner for the additional area located along the east property line of Lot 6, Block 1, Garrigan Estates Subdivision No. 2 (the referenced area is proposed to be included with the applicant's property through a lot line adjustment). COMMISSION DECISION: The Commission voted 4 to 0 (Wright absent) to recommend approval of A-13-22 & RZ-17-22 for an annexation and rezone from RR (Rural Residential —Ada County designation) to R-E-DA (Residential- Estates with a development agreement) 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 The Owner shall address the site specific conditions of approval of the lot line adjustment(LLA-05- 22) and present a record of survey mylar ready for signature by the City Clerk prior to the adoption of an ordinance for annexation and rezone of the Property. Page 5 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2022\James Annexation Rezone\Working Files\James Annexation Rezone pzf docx 3.4 Upon recordation of the lot line adjustment (LLA-05-22) no additional dwelling units shall be constructed on the site. 3.5 No structures shall be constructed within the 215-foot wide building setback as identified on the Garrigan Estates Subdivision No.2 final plat and the recorded building setback document(Instrument #9009106). 3.6 Owner shall dedicate a landscape maintenance easement area(in favor of the property owner of 4951 North Hawkcrest Lane) within the eastern portion of Lot 6, Block 1, Garrigan Estates Subdivision No. 2,proposed to be included with the Property as part of City of Eagle application#LLA-05-22. The Owner shall record the landscape maintenance easement area.Upon recordation of the landscape maintenance easement area,the recorded document should be noted on the lot line adjustment record of survey prior to recordation. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-13-22 & RZ-17-22) 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 Agriculture/Rural designation as shown on the Comprehensive Plan Land Use Map since the development agreement will prohibit additional dwellings from being constructed on the property;therefore,maintaining the density at one unit/five acres; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist to serve all uses allowed on this property under the proposed zone.The site will be served by an individual well and septic system; c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the R-E-DA (Residential-Estates with a development agreement) and the RR (Rural Residential—Ada County designation)zones and land uses to the north since that area contains two (2)single-family lots with a residential dwelling located on one of the lots; d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the R-E-DA (Residential-Estates with a development agreement) zone and land use to the south since the land contains a non-buildable lot within Garrigan Estates Subdivision No.2(Lot 6, Block 1); e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the RR(Rural Residential—Ada County designation)zone and land use to the east since the land use is similar in size to the adjacent property; f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the R-E-DA(Residential-Estates with a development agreement)zone and land use to the west since that area contains a single-family lot with a residential dwelling; g. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as described within the Comprehensive Plan; h. The proposed use, as conditioned within the development agreement, will not create a non- conforming use within the R-E(Residential-Estates)zone since a lot line adjustment is required to ensure the 1-acre parcel is combined with two(2)adjacent parcels to create a 1.8-acre parcel which will be in conformance with the required 1.8-acre minimum lot size of the R-E(Residential-Estates) zoning designation.Also,the development agreement will prohibit additional residential dwellings Page 6 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2022\James Annexation Rezone\Working Files\James Annexation Rezone pzf docx to be constructed on-site. DATED this 19th day of December,2022. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idah ,opz,j Trent Wright,Chairman / A EST: ss* Gq.,,,, * ''•. Tracy E.Osb , ghe : c ----I-.y •.Q : >'' t4 / 7 �:2 z f,? o p'���_.;c� J *....•,P.S,,'s. ,,,,,,,,,,,,,,,,,, Page 7 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2022\James Annexation Rezone\Working Files\James Annexation Rezone pzf.docx