Findings - CC - 2008 - RZ-20-07 - Rezone From Ar To Reda @ 660 N Ballantynet
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM A -R (AGRICULTURAL - )
RESIDENTIAL) TO R -E -DA (RESIDENTIAL- )
ESTATES WITH A DEVELOPMENT )
AGREEMENT) FOR COLETTE NYBORG )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-20-07
The above -entitled rezone with development agreement application came before the Eagle City Council for
their decision on January 8, 2008, at which time testimony was taken and the public hearing was closed.
The 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:
Colette Nyborg, represented by Shawn Nickel with SLN Planning, Inc., is requesting
approval of a rezone from A -R (Agricultural -Residential) to R -E -DA (Residential -Estates
with a development agreement) to facilitate the re -subdivision of a portion of Lot 15 & Lot
16 to eliminate two (2) non -conforming parcels. The +l- 2.28 acre and +l- 2.5- acre parcels
are located approximately 1/3 of a mile south of Floating Feather Road on the northeast
corner of the Ballantyne Lane and Hereford Drive intersection at 660 North Ballantyne
Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 7:00 PM, June 7, 2007, in compliance with
the application submittal requirement of Eagle City Code. The application for this item
was received by the City of Eagle on August 9, 2007.
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 September 10, 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 September 7, 2007. The site was posted in accordance with the Eagle City Code
on September 20, 2007. Requests for agencies' reviews were transmitted on August 13,
2007, 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 December 17, 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 10,
2007. The site was posted in accordance with the Eagle City Code on December 28, 2007.
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D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 9, 1975, the Ada County Commissioners approved the final plat for Bakers
Acres Subdivision.
The site in question is 4.73 acres and has existed as two parcels with individual tax
identification numbers since 1977.
On September 18, 1977, Kenneth and Nona Baker conveyed with a Warranty Deed to
Lester Phil and Lawana Nyborg the south 305 feet of Lots 15 and 16, Bakers Acres
Subdivision.
On April 7, 1999, Lester Phil Nyborg conveyed with a Warranty Deed to Jeoffery and
Collette Nyborg the south 305 feet of Lot 15, Bakers Acres Subdivision.
The Bakers Acres Subdivision Home Owners Association amended the CC&R's in March
of 2001 recognizing this site as having two separate parcels of 2.5 acres each.
E. COMPANION APPLICATIONS: (None)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Residential One
Proposed
No Change
North of site Residential One
South of site Residential One
East of site
West of site
Residential One
Residential One
ZONING
DESIGNATION
A -R (Agricultural -
Residential)
R -E -DA (Residential -
Estates with a development
agreement)
A -R (Agricultural -
Residential)
A -R (Agricultural -
Residential)
A -R (Agricultural -
Residential)
R -2 -DA -P (Residential with
a development agreement,
PUD)
LAND USE
Single Family Residential
Single Family Residential
Single Family Residential
Bakers Acres Subdivision
Single Family Residential
Bakers Acres Subdivision
Single Family Residential
Bakers Acres Subdivision
Single Family Residential
Subdivision (Countryside
Estates)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: +1- 4.73 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's Letter of Justification (attached to the staff report) date stamped by the
City on August 9, 2007.
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J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's Letter of Justification (attached to the staff report) date stamped by the
City on August 9, 2007.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central sewer and water are not readily available to the Baker's Acres subdivision.
However, due to the size of the new lot to be created (2.5 acres), a private well and septic
system can be utilized in accordance with Eagle City Code. Fire and medical emergency
service will be available from Eagle Fire District. The site abuts Hereford Drive, a local
street, which has direct access to Ballantyne Lane, a collector street. Police protection is
provided by Ada County through contract with the City of Eagle, and refuse disposal will
be handled by BFI.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON -CONFORMING USES:
In 1997, the 4.3 acre lot was divided into two separate tax parcels. Since no rezone
application or lot split application was approved by the City, neither parcel is recognized
as a "conforming" parcel eligible for a building permit.
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:
ACHD — Recommending that the applicant schedule a pre -application meeting prior to
submitting a development application.
DEQ — Request that all projects consider state, and federal rules and regulations for air,
water, waste, and overall environment
Central District Health —No objection
Chevron Pipeline — No objection
Eagle Fire Department — Addressing International Fire Code, Section 503.2.5 addressing
minimum fire flows for single-family dwellings
O. LETTERS FROM THE PUBLIC:
Correspondence provided by Toni Smith date stamped by the City on October 2, 2007,
indicating they will work with the Nyborgs to reconfigure the lots through a lot line
adjustment to justify the rezone.
Correspondence provided by Laura Johnson date stamped by the City on October 11,
2007, indicating they were not opposed to the proposed rezone however, the City should
be consistent regarding rezoning in the area so that is fair and equitable for all of the
residents within the subdivision.
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 February 13, 2007, designates this site as
Residential One:
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"Suitable primarily for single family residential development within areas that are rural in
character. Maximum density of up to 1 unit per 1 acre".
Chapter 6 Land Use
6.5(c) Land Use Objectives
To discourage lot splits in approved subdivisions
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-10-1(A): REQUIREMENTS AND RESTRICTIONS (for
development agreements):
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 Comprehensive Plan Land Use Map designates this site as Residential One (up to one
dwelling unit per acre). While the land use map designates the site as Residential One, there
are other provisions within the Comprehensive Plan that would preclude a rezone to R-1 at
this time, such lot size compatibility with surrounding properties. To facilitate the applicant's
request in accordance with the desires of the Bakers Acres Homeowners Association, an R -E-
DA (Residential -Estates — one unit per two acres with a development agreement) zoning
designation may be more appropriate for this site. An R -E -DA zone for the property would
allow the applicant the realization of the land use that was expected (by the applicant) when
the property was purchased, while still providing compatibility with the existing lots within the
Bakers' Acres Subdivision. The purpose of this rezone application is to facilitate the division
of the 4.73 -acre site into to two parcels via a lot split. Section 6.5(c) of the City of Eagle 2007
Comprehensive Plan discourages lot splits in approved platted subdivisions and under
ordinary circumstances, a staff recommendation for denial of this proposal would be the
appropriate course of action. However, because this particular property was previously
"divided" into two separate tax parcels in 1997, there has become a general understanding by
the Bakers Acres HOA that two separate home sites exist, as evidenced by the amendment the
HOA made to the CC&R's in 2001. The amendment states that "Lots 15 & 16 are recognized
as each consisting of two separate parcels of two and one half (2 '/Z) acres each."
• While the HOA recognizes the parcels as building sites, the City of Eagle, to date, does not. If
this application were approved, coupled with the approval of a future lot split, then the City
would recognize the parcels a being eligible for a building permit. The applicant understands
and supports the fact that CC&R's are not something the City can enforce, but rather are a
private agreement between property owners. The fact that the CC&R's were amended by the
HOA does illustrate that the applicant has acted in good faith to gain subdivision HOA
support. Therefore, a zone change to R -E -DA would allow the 4.73 acre parcel to be properly
divided into two (2) plus acre parcels, which meet the minimum lot size of the zone, without
creating dissent among the HOA.
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• Bakers' Acres Subdivision contains single family dwellings on lots ranging from 2.3 acres to
5.0 acres. Also, as noted above, the neighbors in the subdivision have known that the property
in question was intended to have an additional dwelling. The development to the west
(Countryside Estates) is zoned R -2 -DA -P (Residential- two units per acre with a development
agreement, PUD) and contains single family dwellings on lots as small as 11,000 square feet.
Additionally, Lockwood Subdivision to the north is zoned R-1 (residential — one unit per acre
maximum) and containing one acre lots; Covenant Hill, also to the north, zoned R-1
(Residential — one unit per acre maximum) with one acre lots; Downing Downs to the
northeast, zoned R-1 (residential -one unit per acre maximum) with one acre lots. Each of these
examples indicates that allowing one additional dwelling will not negatively change the
character of the area.
• 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 -E -DA (Residential -Estates with a development
agreement) is in accordance with the proposed land use described within the
Comprehensive Plan;
b. The proposed R -E -DA (Residential -Estates with a development agreement) will
accommodate a future lot split or subdivision application which will then accommodate
the placement and construction of an additional dwelling unit on the proposed parcels;
c. The proposed R -E -DA (Residential -Estates with a development agreement) is compatible
with the R -2 -DA -P (Residential -two units per acre with a development agreement, PUD)
zone and land use to the west since that area contains single family dwellings on lots as
small as 11,000 square feet;
d. The proposed R -E -DA (Residential -Estates with a development agreement) is compatible
with the R-1 and R-2 (Residential — one unit per acre to the north and east/Residential-two
units per acre maximum to the south) zones and land uses to the north, east, and south;
e. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
f. 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 provided 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 October
1, 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
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one (other than the applicant/representative)
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COMIVIISSION DECISION:
The Commission voted 3 to 1 (Aspitarte absent, Zastrow against*) to recommend approval of RZ-
20-07 for a rezone from A -R (Agricultural -Residential) to R -E -DA (Residential -Estates with a
development agreement) for Colette Nyborg with conditions to be placed in a development
agreement as shown within their Findings of Fact and Conclusions of Law document, dated
November 5, 2007.
* Commissioner Zastrow stated his vote was based on that this results in a lot split. He felt it
contradicted what the rest of the subdivision was in favor of and felt it was inappropriate.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on January 8, 2008, at
which time testimony was taken and the public hearing was closed. The Council made their decision at
that time.
B. Oral testimony in favor of this proposal was presented to the Council by one (1) individual who stated
that he has been aware of the split for many years and supports the proposed rezone.
C. Oral testimony in opposition to this proposal was presented to the Council by one (1) individual who
felt that the entire Bakers Acres Subdivision should be zoned consistently in a manner that is fair and
equitable to all the property owners within the subdivision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-20-07 for a rezone from A -R (Agricultural -Residential) to
R -E -DA (Residential -Estates with a development agreement) for Colette Nyborg with the
following Planning and Zoning Commission recommended conditions to be placed within a
development agreement with underline text to be added by the Council and strike -through text to
be deleted by the Council:
2.1 The maximum overall density of the property shall not exceed one (1) dwelling unit
per two acres.
2.2 The Concept Plan 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.
2.3 The development shall comply with the Eagle City Code, as it exists in final form at
the time an application is made and the conditions within this agreement shall be
satisfied.
2.4 The applicants shall be required to work with adjacent property owners to the north to
re -subdivide complete a Lot Line Adiustment for Lot 15 and Lot 16, Block 1 of
Baker's Acres Subdivision. The applicant shall submit a preliminary plat application
for the re -subdivision of the southern half of Lot 15 and Lot 16, Block 1 to be
reviewed and approved by the City prior to an adoption of an ordinance to rezone the
Nyborg Property. Failure to submit a preliminary plat application to the City within
six (6) months from the date of approval of a rezone shall cause all approvals of said
rezone to be null and void.
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2.5 The applicant and applicant's successors and/or assigns hereby agree to indemnify,
defend and hold harmless the City against any and all liability, claims, suits, losses,
costs and legal fees caused by applicant's negligent actions and/or willful misconduct
in the approval of this rezone.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on site at 7:00 PM, June 7, 2007, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on August 9, 2007.
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 September 10, 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 September 7, 2007. The site was posted in
accordance with the Eagle City Code on September 20, 2007. Requests for agencies' reviews were
transmitted on August 13, 2007, 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 December 17,
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 10, 2007. The site was posted in accordance with the Eagle City
'ow, Code on December 28, 2007.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-20-07) 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 in accordance with the Residential One land use designation shown on the
Comprehensive Plan Land Use Map;
b. The proposed zoning designation of R -E -DA (Residential -Estates with a development
agreement) will accommodate a re -subdivision application which will then accommodate
the placement and construction of an additional dwelling unit on the proposed parcels;
c. The proposed zoning designation of R -E -DA (Residential -Estates with a development
agreement) is compatible with the R -2 -DA -P (Residential -two units per acre with a
development agreement, PUD) zone and land use to the west since that area contains
single family dwellings on lots as small as 11,000 square feet;
d. The proposed zoning designation of R -E -DA (Residential -Estates with a development
agreement) is compatible with the R-1 and R-2 (Residential -- one unit per acre maximum
to the north and east/Residential-two units per acre maximum to the south) zones and land
uses to the north, east, and south since these areas are designated Residential One in the
Comprehensive Plan and could be developed in a similar manner; and
e. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
f. No non -conforming uses are expected to be created with this rezone.
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g. The existing parcel configuration associated with the proposed rezone has existed since
1997 and is recognized by the adopted CC&R's as amended for Baker's Acres
Subdivision; therefore, this rezone shall not be considered as establishing a binding
precedent to grant other rezones within Baker's Acres Subdivision.
DATED this 8th day of April 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
a County, daho
Phil Bandy, avor
A
TEST:
/4!.!!gN
• Sharon K. ergmann, Eagle City Clerk S
SEAL:0
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