Findings - CC - 2001 - A-06-01/RZ-09-01 - Annex/Zone R1/124.3 Acre/Adaco Rut
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
ANNEXATION AND REZONE FROM RUT
TO R-1 FOR BRIGHTON CORPORATION
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-O6-01 & RZ-O9-01
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on December II, 200 \. 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.
B.
PROJECT SUMMARY:
Brighton Corporation, represented by John Wardle with Wardle & Associates, is
requesting annexation and a rezone from RUT (Ada County Residential) to R-I
(Residential - up to one unit per acre). The 124.3-acre, site is located on the northwest
comer of Meridian Road and Chinden Boulevard.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 2, 2001.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on September 15,2001. 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 12,2001. Requests for agencies' reviews were transmitted on August
3,2001 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 24, 2001. 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 November 20,
2001.
D.
HISTORY OF RELEV ANT PREVIOUS ACTIONS:
In July 2001, the Central District Health Department adopted new Nutrient Pathogen
guidelines for individual septic systems in new developments.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (up to one RUT (Residential- Ada Residence/Agriculture
unit per acre max.) County designation)
Proposed No Change R-l (Residential) Residential Subdivision
North of site Residential Estates (up to RUT (Residential- Ada Residential Subdivision
one unit per two acres County designation)
maximum)
South of site Residential One (up to one Rl & RUT (Residential- Residential Subdivision &
unit per acre max.) & Not Ada County designation) Residence/Pasture
in Eagle Area of Impact
East of site Residential Estates (up to R-E (Residential) & RUT Residential Subdivision &
one unit per two acres (Residential - Ada County Residence/Pasture
maximum) & Residential designation)
One (up to one unit per
acre max.)
West of site Residential One (up to one Rl & RUT (Residential- Residential Subdivision &
unit per acre max.) and Ada County designation) Foxtail Public Golf Course
public/Semi-public
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOT AL ACREAGE OF SITE: 124.3-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on August 2, 2001, provided by
the applicant's representative (incorporated herein by reference).
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): None proposed
K.
A V AILABll.1TY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter (with conditions) from the Eagle Fire Department has been
received. The Central District Health Department states that a nutrient pathogen study will
be required to be submitted prior to any approval. The Eagle Sewer District states the
subject property is not annexed into the district and that it will be necessary for the
development to employ on-site sewage disposal. An approval letter from the water
company having jurisdiction has not been provided to date.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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M.
N.
NON-CONFORMING USES:
The parcel is currently used for agriculture (pasturage and farming) and would be a non-
conforming use upon rezone. In addition, the site currently has two single-family dwelling
units on one parcel and would also be a non-conforming use upon rezone.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company Ltd.
Joint School District No.2
New Union Ditch Company
O.
LETTERS FROM THE PUBLIC:
Letter from Dale Knittel, 7280 Winward Drive, dated September 24,2001.
Letter from Pat McGavran, 795 River Heights Drive, dated September 26,2001.
Petition signed by 86 individuals, date stamped September 27, 2001.
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 One,
suitable primarily for single-family residential development within areas that are rural
in character. Residential density of up to one dwelling unit per one gross acre may be
considered by the City for this area.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
On September 18, 2001, the Eagle City Council voted to adopt Draft Ordinance #378
(ZOA-5-0l) to require central water and sewer facilities in all zones exceeding one
unit per two acres (R-E).
.
ECC 8-2-3 states in part that Agriculture (farming and pasturage) is prohibited in
Residential Districts
.
ECC 8-3-3 (F) Maximum Units Per Lot, states in part:
Any buildable lot conforming to this Title, with a zoning designation of A, A-R, R-E,
R-l, R-2, R-3, R-4 or R-5, shall be permitted a maximum of one single-family
dwelling unit per lot.
c.
DISCUSSION:
.
The 5.69-acre parcel located in the southeast comer of the site has multiple structures and an
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assortment of equipment that, if they were to remain on-site, could facilitate an active farming
operation. Agricultural operations (which include farming and pasturage) are prohibited in R-
1 zoning districts pursuant to Eagle City Code Section 8-2-3. With the infonnation provided
to staff to date, there is no indication of a timeline as to when the buildings and equipment are
to be removed. Should this rezone upon annexation be approved, the farming use would need
to be removed, otherwise, a non-conforming use will be created.
In addition, the site currently has two single-family dwelling units located upon a single
parcel, which is also a non-conforming use within an R-l zoning district (ECC 8-3-3 (F)). As
stated in the applicant's preliminary plat application, the portion of the site which is currently
occupied by the two residences (consisting of 5.69-acres) will retain the houses on site until
such time as that portion redevelops. On August 14, 2001, the City of Eagle received a
transmittal from Ada County Development Services concerning an application for a
Temporary Living Quarters permit for this site (01-57-AC). In a response letter to Ada
County dated August 20, 2001, Eagle City staff, having already received the McKay
Subdivision preliminary plat application for this site, concluded that the City could not support
the continuation of a use that would become a non-conforming use upon annexation into the
City. The Temporary Living Quarters application has not been acted upon by the Ada County
staff, thus the two residences remain on-site to date.
Since the rezone request cannot be conditioned and since Eagle City Code requires that "no
non-conforming use will be created with this rezone", staff recommends that all non-
conforming uses be removed from site prior to the City considering annexing the property.
In July of 2001, the Central District Health Department adopted new criteria for Nutrient
Pathogen studies and the approval for the use of individual septic systems. In conversations
with the CDHD, Eagle City staff has been informed that if the preliminary plat accompanying
this application were applied under the new criteria, the subdivision lot sizes in all likelihood
would fail to meet the minimum requirements. Because the CDHD received an application for
this development prior to the adoption of the new criteria, the former criteria would apply
unless the Eagle City Council required that this development comply with the new Nutrient
Pathogen requirements.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends denial of the requested
rezone upon annexation.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
1,2001, 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 this proposal was presented to the Planning and Zoning Commission
by eighteen (18) individuals with concerns regarding the higher density that would be created with this
development; need for variety of lot sizes, meandering roads and open space; decrease in living
standards; installation of septic systems and detrimental effects on the environment; not enough water
to support additional development; increased traffic in the area and the poor condition of the
intersection of Meridian Road and Chinden Boulevard; the need for a traffic signal at the intersection
of Meridian Road and Chinden Boulevard; stub street through Foxtail Subdivision should not be
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connected; the need for more schools; and the decrease in safety for children.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual who felt this development should receive the same treatment as the Canterbury Subdivision
development recently approved in the near vicinity of this site.
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by three (3) individuals who supplied information concerning traffic counts on Chinden
Boulevard and Meridian Road; data on school capacity and development; and nitrate studies regarding
septic systems and their effects on ground water. A petition signed by 86 individuals, date stamped
September 27,2001, was also presented to the Commission.
COMMISSION DECISION:
The Commission voted 4 to 0 (Franden absent) to recommend denial of A-06-01 & RZ-09-01 for a
rezone upon annexation from RUT (Ada County Residential) to R-l (Residential - up to one
dwelling unit per acre) for Brighton Corporation.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 11, 2001, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by seven (7)
individuals with concerns regarding the amount of density that could be allowed on the site if zoned R-
1 which then relates to concerns regarding the negative impacts to the public health and safety (such as
ground water/well water contamination) if septic systems were allowed as the means for sewage
treatment for 124 homes (maximum density allowed in the R-l zoning designation) on the site;
decrease in living standards; septic systems will have detrimental effects on the environment;
increased traffic in the area and the poor condition of the intersection of Meridian Road and Chinden
Boulevard; the need for a traffic signal at the intersection of Meridian Road and Chinden Boulevard;
one unit per two acres should be the maximum density allowed on this site. A concern was presented
regarding the historic impact of the Oregon Trail crossing this site.
One of the individuals testifying in opposition the this proposal stated that he had worked for the u.S.
Department of Agriculture (in various departments) for 34-years and provided expert testimony
regarding the soil types in the area and direction of ground water flows in the area. He further testified
that due to the soil types in the area that the cumulative effects of numerous septic systems in a
relatively confined area (such as may occur with the development of this site with an R-l zoning
designation) would likely be detrimental to the ground water at some point.
A second individual that testified in opposition to this proposal stated that he was a doctor and then
briefly described how he had previously treated patients with serious illnesses caused from the
consumption of contaminated ground water.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representatives/property owners).
D. Written testimony in opposition to this proposal (in the form of a petition) was presented to the City
Council by one hundred and eleven (111) individuals. The petition is incorporated into these findings
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by reference.
E. After the public hearing for this proposal was closed the Council engaged in the following discussion
of annexation and rezone applications A-6-01 & RZ-9-01:
1) A rezone to an R-l zoning designation in this specific location will allow for a development that is
not compatible with adjacent properties and existing land uses to the north, west, and east. A
density of approximately one dwelling unit per two acres for this site would allow for a
development that is more compatible with surrounding zoning designations and land uses.
2) The expert testimony provided raised significant concerns for the health and safety of the public in
the area regarding contamination of groundwater/well water due to the soil types and the use of
individual septic systems for treatment/disposal of waste water (sewage) at this site. In addition,
the lack of public service availability (specifically centralized sewer) may pose detrimental effects
on the health and safety of the environment. Based upon the potential number of homes that may
be allowed in an R-l zone, concerns regarding the cumulative effect(s) of 124-septic systems on
the ground water in this area have not been adequately addressed by the applicant. All public
health and safety concerns must be mitigated prior to the inclusion of this site into the corporate
limits of the City of Eagle.
3) Also, the Council concludes that the current traffic facilities (lack of turning lanes on North
Meridian Road, existing level of service of Chinden Boulevard, lack of traffic signal at the
intersection of North Meridian Road and Chinden Boulevard) in the area are inadequate to
accommodate the additional traffic that would be generated by the residential densities allowed in
the R-l zone.
COUNCIL DECISION:
In legislative action the Council voted 4 to 0 to deny the request for annexation of property into the
corporate limits of the City of Eagle for application number A -06-01 for Brighton Corporation.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 2, 2001.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 15, 2001. 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 12, 2001. Requests for agencies'
reviews were transmitted on August 3, 2001 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
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on November 24,
2001. 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 November 20,2001.
3. The Council reviewed the particular facts and circumstances of this proposed annexation application
(A-06-01) and based upon the information provided concludes that, pursuant to its legislative
authority, the proposed annexation is not in accordance with the City of Eagle Comprehensive Plan
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and established goals objectives.
Since the annexation was denied through the City's legislative authority, the request for rezone could
not be decided by the City Council because the property was not within the corporate limits of the City
of Eagle, thus, any action on the rezone request would have been outside of the City Council's
jurisdiction.
DATED this 22nd day of January 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Count, Idaho
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