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Findings - PZ - 2006 - A-17-06 & RZ-23-06 - Chester0 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 DEVELOPMENT AGREEMENT) FOR DAVE CALLISTER FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-17-06 & RZ-23-06 The above -entitled annexation and rezone application came before the Eagle Planning and Zoning Commission for their recommendation on January 22, 2007. The 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: Dave Callister, represented by Penelope L. Riley, is requesting approval of an annexation and a rezone from RUT (Rural Urban Transition) to R -E -DA (Residential Estates with a Development Agreement). The 18.85 -acre site is comprised of two properties located on the east and west sides of North Meridian Road between Beacon Light and Floating Feather Road at 2650 North Meridian Road and 2421 North Meridian Road. f A L \,1 /A B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle City Code at 6:30 PM, November 7, 2006. The annexation and rezone applications for this item were received by the City of Eagle on November 13, 2006. 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 January 2, 2007. 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 December 27, 2006. The site was posted in accordance with the Eagle City Code on January 12, 2007. Requests for agencies' reviews were transmitted on November 21, 2006, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA E. COMPANION APPLICATIONS: None Page 1 of 7 K:1Planning DeptlEagle Applications\RZ&A120061RZ-23-06 & A-17-06 Chester pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (2 units per acre maximum) and Residential Estates Proposed No Change North of site Residential Two (2 units per acre maximum) and Residential Estates South of site Residential Two (2 units per acre maximum) and Residential Estates East of site West of site Residential Estates Residential Two (2 unit per acre maximum) RUT (Rural Urban Transition -Ada County Designation) R -E -DA (Residential Estates with a Development Agreement) RUT (Rural Urban Transition -Ada County Subdivision Designation) Single Family Dwelling & Agricultural Uses No Change Single Family, Scotch RUT (Rural Urban Transition -Ada County Designation) RUT (Rural Urban Transition -Ada County Designation) RUT (Rural Urban Transition -Ada County Designation) Single Family Dwelling & Agricultural Uses Single Family Dwelling & Agricultural Uses Residential G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. TOTAL ACREAGE OF SITE: The property located on the west side of N. Meridian Road (2421 N. Meridian Road) is .95 -acres in size; the property located on the east side of N. Meridian Road (2650 N. Meridian Road) is 17.90 -acres in size. The total area for this proposed annexation and rezone is 18.85 -acres. I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See justification letter (attached to the staff report), dated November 13, 2006, provided by the applicant. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): The City is requesting a development agreement to ensure the development of the property is consistent with the Comprehensive Plan and vision of the City of Eagle. K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The letter from the Eagle Sewer District states that the District has not annexed this property and central sewer service is currently not reasonably accessible. United Water Company has stated in a letter to the City that this site is serviceable. Page 2 of 7 K:IPlanning DeptlEagle Applications\RZ&A120O6IRZ-23-06 & A-17-06 Chester pzf.doc L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. NON -CONFORMING USES: There are two existing houses that will remain on the property. The development agreement addresses conformity to the R -E district regulations. N. 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 Pipeline Department of Environmental Quality Eagle Sewer District Idaho Power Company United Water O. 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 designates this site as Residential Estate and Residential Two. o Residential Estate is suitable primarily for single-family residential development on acreages may be in transition from agricultural to residential use or may combine small scale agricultural uses with residential uses o Residential Two is suitable primarily for single family residential development within areas that are rural in character. Chapter 4 Schools, Public Services and Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population come the need for increased public services and the necessity to improve existing service delivery systems. Policies concerning the manner in which public utilities and services are expanded play an important role in the location and intensity of future housing, commercial and industrial development. Since the City of Eagle depends on outside providers, it must be involved in any plans that will affect the community. 4.3 Goal c. Maintain a sense of personal safety and security for all residents. d. Strive to prevent and extinguish fires and aid in other emergencies dealing with the protection of life or property. 4.4 Objectives e. To encourage a high standard of fire protection and emergency services Page 3 of 7 K:IPlanning Dept\Eagle Applications\RZ&A\2006IRZ-23-06 & A-17-06 Chester pzf.doc • SOARING 2025 WESTERN AREA PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 5 Transportation 5.3 Implementation Strategies i. New developments shall be required to stub access to adjacent underdeveloped parcels, where appropriate. j. All new developments shall be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS: Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum Lot District Height Side Side Lot Area (Acres Or Sq. Width Covered Ft.) AgoRINIR-E 1135' 1 120' 1135' 1120% 111.8 acres 11100' 50' 30' C. DISCUSSION: • The Eagle Comprehensive Plan Land Use Map designates the property located on the east side of N. Meridian Road as "Residential Estates". The Eagle Comprehensive Plan Land Use Map designates the property located on the west side of N. Meridian Road as "Residential Two". • Redevelopment of the .95 -acre property located on the west side of N. Meridian Road is not proposed, however, redevelopment of the 17.9 -acre property located on the east side of North Meridian Road is proposed (tentative plat called Chester Subdivision — has not been submitted to the City to date). The applicant has indicated that Chester Subdivision will be submitted in the near future. • Vehicle access from N. Meridian Road to the two existing structures is achieved through the use of two separate existing driveways (as noted on the aerial map submitted with this application). Upon redevelopment of this site, the two driveway accesses onto N. Meridian Road should be abandoned and access for the structures should be provided via the internal streets of any proposed subdivision. The driveways should be removed prior to the issuance of any building permits for new homes within any subdivision on the property. • In a letter date stamped by the City on December 7, 2006, the Eagle Sewer District noted that this property is not located in their district's boundaries and a timeline for service has not been established. To accommodate connections to sewer service in the future, any homes constructed on the site should be constructed with sewer stubs on the street -side of the home. Page 4 of 7 K:1Planning Dept\Eagle ApplicationslRZ&A120061RZ-23-06 & A-17-06 Chester pzf.doc • As indicated in correspondence from United Water, central water service is available to the site. The existing residential structures (located at 2421 North Meridian Road and 2560 North Meridian Road) should be required to connect to central water prior to the city clerk signing any final plat for any subdivision on the property or prior to the issuance of any building permits, which ever occurs first. Upon connection to central water, the existing wells should be abandoned. Central District Health Department approval is required for the abandonment of the existing wells on the property. • 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 R -E (one unit per two acres) zoning designation is equal to or less than the Residential Estates and Residential Two 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 any and all uses allowed on this property under the proposed zone — central water is proposed to be served by United Water and sewer disposal is proposed thought the use of individual septic systems; c. The proposed R -E zone (one unit per two acres maximum) is compatible with the RUT (Rural Urban Transition — Ada County designation) and land uses to the east; d. The proposed R -E zone (one unit per two acres maximum) is compatible with the RUT zone (Rural Urban Transition - Ada County designation) to the west; e. The proposed R -E zone (one unit per two acres maximum) is compatible with the RUT (Rural Urban Transition — Ada County designation) and land uses to the north; f. The proposed R -E zone (one unit per two acres maximum) is compatible with the RUT (Rural Urban Transition — Ada County designation) and land uses to the south; g. The land proposed for rezone is not located within a "Hazard Area" or "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 annexation and rezone with the conditions of approval to be placed within a development agreement as noted within 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 22, 2007, 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 Page 5 of 7 K:1Planning DeptlEagle Applications\RZ&A120061RZ-23-06 & A-17-06 Chester pzf.doc one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by Nancy McPherson, 2700 N. Meridian Road. She has property adjacent to the development and does not want to look at a subdivision out her back pasture, and discussed irrigation issues; and by Sharon Prindle at 2731 N. Hollybrook Place, who has property on five (5) acres and is concerned that there will be issues with a zoning change in an agricultural area. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of A-17-06 & RZ-23-06 for an annexation and rezone with a development agreement from RUT (Rural Urban Transition — Ada County designation) to R -E -DA (Residential Estates with a development agreement) for Dave Callister with the following staff recommended conditions to be placed within a development agreement with underlined text to be added by the commission and text shown with strike through to be deleted by the commission. 1. The maximum overall density of the property shall not exceed one (1) unit per two (2) acres. 2. Upon redevelopment of this site, the two drivoway accessed onto N. Meridian Road ,hall be abandoned and accerz for the ►truetir, :hall bo prow -ed via the internal—streets of any . the driveway access to the existing garage at 2650 North Meridian Road shall be abandoned. The driveways shall be removed prior to the issuance of any building permits for new homes within any subdivision on the property. 3. Any homes constructed on the site shall be constructed with sewer stubs on—the street c'klc of the home to be located at the foundation of the house, on the street side. 4. The existing residential structures (located at 2121 North Meridian Road and 2560 North Meridian Road) shall be required to connect to central water prior to the city clerk signing any final plat for any subdivision on the property or prior to the issuance of any building permits, which ever occurs first. 5. Upon connection to central water, the existing wells for the property located at 2560 North Meridian Road and 2421 North Meridian Road shall be abandoned. Central District Health Department approval is required for the abandonment of the existing wells on the property. 6. The existing structure (located at 2421 North Meridian Road) shall be reauired to connect to central water upon failure of the well. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on November 13, 2006. 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 January 2, 2007. 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 December 27, 2006. The site was posted in accordance with the Eagle City Code on January 12, 2007. Requests for agencies' reviews were transmitted on November 21, 2006, in accordance with the requirements of the Eagle City Code. Page 6 of 7 K:1Planning DeptlEagle Applications\RZ&A120061RZ-23-06 & A-17-06 Chester pzf.doc 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-23-06) 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 -E -DA (Residential Estates with a Development Agreement) is equal to or Tess than the Residential Two classification 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 as conditioned in the development agreement (central water, individual septic systems), to serve all uses allowed on this property under the proposed zone; c The proposed R -E -DA (Residential Estates with a Development Agreement) is compatible with the R -E (Residential Estates) zoning district to the south and east since the land uses have the same zoning designations as this site, and are developed with lots of similar size; d. The proposed R -E -DA (Residential Estates with a Development Agreement) is compatible with the R -2 -DA (Residential, up to two units per acre with a Development Agreement) zone and land uses to the north and west since these lands have the same Comprehensive Plan designation and the perimeter lots of the future subdivision will be developed with Tots of similar size; e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and f. No non -conforming uses are expected to be created with this rezone because the applicant will be required (as conditioned within the development agreement) to remove all structures from the site that do not comply with the setbacks of the R -E (Residential Estates) zoning district regulations. DATED this 5th day of February 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County. Idaho .�asolj Pierce. Chairman ATTEST: Sharon K. Bergmann. Eagle City CVerk ON . Page 7 of 7 K \Planning UeptlEagle ApplicationslRRZ&A12006\12Z-23.06 & A-17-06 Chester pi.f.doc . ,.. . 4 V • , .