Findings - PZ - 2001 - A-6-01 & RZ-09-01 - Rz Upon Annex From Rut To R-1/123.3 Acre
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
ANNEXATION AND REZONE FROM RUT
TO R-l FOR BRIGHTON CORPORATION
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-6-01 & RZ-O9-01
The above-entitled annexation and rezone application came before the Eagle Planning and Zoning
Commission for their recommendation on October 1,2001. 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.
B.
PROJECT SUMMARY:
Brighton Corporation, represented by John Wardle with Wardle & Associates, is
requesting a rezone upon annexation from RUT (Ada County Residential) to R-l
(Residential - up to one unit per acre). The 124.3-acre, site is located on the northwest
corner 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.
D.
mSTORY OF RELEVANT 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: PP-ll-Ol (McKay Subdivision)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
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.
TOTAL ACREAGE OF SITE: 124.3-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped August 2, 2001, provided by the applicant's
representative.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): None proposed
K.
A V AILABILITY 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 is required.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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M.
NON-CONFORMING USES:
The parcel is currently used for agriculture (pasturage) 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.
N.
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 WillCH ARE OF SPECIAL CONCERN
REGARDING TillS 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 WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
On September 18, 2001, the Eagle City Council voted to adopt Draft Ordinance #378
(ZOA-5-01) 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 corner 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 information 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.
STAFF 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-6-01 & RZ-9-01 for a
rezone upon annexation from RUT (Ada County Residential) to R-l (Residential - up to one
dwelling unit per acre) for Brighton Corporation.
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.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-06-01 & RZ-9-01) 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
annexation and rezone is not in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
The unincorporated area referenced in this application may be considered a conforming use in Ada
County, however, if this site were annexed into the City of Eagle and zoned R-l the uses on the site
would become "non-conforming". Specifically, the existence of active farm related uses and two
single-family dwelling units located on the parcel would be the cause of the non-conforming status of
the site in the R-l zone. The farming operation and one of the existing dwelling units would need to
be removed from the site prior to City consideration of zoning this property R -1.
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. Also, the
Commission 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 residential densities allowed in the R -1 zone.
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DATED this 15th day of October 2001.
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