Findings - CC - 2002 - A-01-02/RZ-01-02 - Annex/Rz From Rut To Re/3838 Ff Rd/
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR ANNEXATION AND REZONE FROM
RUT (RURAL URBAN TRANSITION) TO
R-E (RESIDENTIAL-EST A TES) FOR EAGLE
F AMIL Y WORSHIP
)
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-OI-O2 & RZ-OI-O2
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on April 9, 2002, at which time public 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.
B.
PROJECT SUMMARY:
Eagle Family Worship, represented by Land Consultants Inc., is requesting an annexation
and rezone from RUT (Rural Urban Transition) to R-E (Residential-Estates - I dwelling
unit per two acres). The site is located on the northeast comer of Floating Feather Road
and Park Lane at 3838 Floating Feather Road.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 10,2002.
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 February 16,2002. 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 February 13,2002. Requests for agencies' reviews were transmitted on January
11, 2002 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 March 23, 2002. 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 March 20,
2002.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: CU-1-02 (conditional use and height exception for a
church facility)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates (up to RUT (Residential- Ada Residence/Pasture
one-unit per two acres County Designation)
max.)
Proposed No Change R-E (Residential-Estates) Church facility
North of site Residential Estates (up to R-E (Residential-Estates) Cavallo Estates Subdivision
one-unit per two acres
max.)
South of site Residential One (up to RUT (Residential- Ada Residential /Pasture
one-unit per acre max.) County Designation)
East of site Residential Estates (up to R-E (Residential-Estates) Cavallo Estates Subdivision
one-unit per two acres
max.)
West of site Residential Estates (up to RUT (Residential- Ada Residence/Pasture
one-unit per two acres County Designation)
max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 5.0-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on January 10, 2002, provided by
the applicant's representative.
J.
APPLICANT'S STATEMENT OF JUSTIFICA nON OF A DEVELOPMENT AGREEMENT (if
applicable): N/a
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters (with conditions) from the Eagle Fire Department and United Water
have been received. The Eagle Sewer District states the subject property is not within the District's
service area and will need to utilize an individual on-site septic system. A letter from the Central
District Health Department stating approval of an on-site septic system is required.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
An existing single-family dwelling unit is located upon the site approximately 45-feet
north of the right-of-way of Floating Feather Road (as measured to the front of the house).
The house would not meet the minimum front yard setback of fifty-feet (50') if the
property were annexed and rezoned to an R-E designation.
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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
Drainage District No.2
Eagle Fire Department
Eagle Sewer District
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 Estates,
suitable primarily for single-family residential development on acreages which may be
in transition from agricultural to residential use or may combine small-scale
agricultural uses with residential uses. Residential density of up to one dwelling unit
per two gross acres may be considered by the City for this area.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-4 states in part that a minimum of 50-feet is required for
front yard setbacks within an R-E zoning district.
c.
DISCUSSION:
.
A single-family dwelling unit located 45-feet north of the right-of-way line of Floating
Feather Road, currently exists on the site. Upon an annexation and rezone of the
property to R-E, the status of the dwelling unit would become a nonconforming use
since the dwelling does not meet the minimum front yard setback of 50-feet.
Because the dwelling does not comply with minimum setbacks, staff recommends the
applicant move the house to a location on the site which complies with all minimum
setbacks for the R-E zoning designation, prior to this site being rezoned to R-E.
Typically, when a site specific concern arises during the rezoning process (such as the
nonconforming house as mentioned above) a development agreement pursuant to
Eagle City Code Section 8-10-1 can be entered into between the City and an applicant
to assure that appropriate conditions are placed on the rezone (which runs with the
land) that help mitigate or eliminate the issues raising the concerns. In this instance,
however, the only concern regarding the rezone of the site to R-E is the
nonconforming status of the house. Rather that initiating a development agreement
for this one issue, staff recommends approval of the rezone with the condition that the
nonconforming house be moved to a location on the site which complies with all
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minimum setbacks for the R-E zoning designation prior to the City approvine the
rezone ordinance. To assure the rezone of this site occurs in a timely fashion, the
house should be removed from the site within 90-days from the rezone approval date
(at which time the ordinance will be approved and the site will be designated as R-E).
If the house is not removed within the 90-day timeframe, then the rezone approval
should be considered void.
STAFF RECOMMENDED FINDINGS PROVIDED WITHIN THE STAFF REPORT:
.
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 (up to one unit per two acres maximum)
is equal to the one unit per two acres maximum as 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
required to be provided, to serve a church facility on this property under the
proposed zone;
c. The proposed R-E zone (up to one unit per two acres maximum) is compatible
with the R-E zone (up to one unit per two acres maximum) and proposed
residential uses (Cavallo Estates Subdivision) to the north and east since that area
is approved to be developed at one or fewer dwelling units per two acres and the
church facility will be required to provide a landscaped buffer area between these
two land uses;
d. The proposed R-E zone (up to one unit per two acres maximum) is compatible
with the RUT (Ada County designation) to the south and west since those areas
are currently single family residential and farm land and are anticipated to develop
at one or fewer dwelling units per acre and at one or fewer dwelling units per two
acres per the Comprehensive Plan Land Use Map and since the church will be
required to provide landscape strips abutting Park Lane and Floating Feather Road
to screen the church from nearby residential uses;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan;
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 following condition:
The nonconforming house located 45-feet north of Floating Feather Road shall be moved to a
location on the site which complies with all minimum setbacks for the R-E zoning designation
prior to the City approvin?: the rezone ordinance. To assure the rezone of this site occurs in a
timely fashion, the house shall be moved within 90-days from the rezone approval date (at which
time the ordinance will be approved and the site will be designated as R-E). If the house is not
moved within the 90-day timeframe, then the rezone approval shall be considered void.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
14, 2002, at which time testimony was taken and the public hearing was closed. The Commission
continued the item to January 28,2002, and made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
three (3) individuals (other than the applicant/representative) who felt that the church adds character
to the rural community, abundance of compassion of church members shown to others, members
would be agreeable to the maximum 35-foot height restriction for the proposed (not yet designed)
cross or apply later for an exception to allow a taller height.
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission in the form of a petition signed by ten (10) individuals with concerns regarding the height
of a 50-foot high cross not being compatible with the rural character of the area.
COMMISSION DECISION:
The Commission voted 4 to 0 (Bloom absent) to recommend approval of A-01-02 & RZ-01-02 for
an annexation and rezone from RUT (Rural Urban Transitional) to R-E (Residential-Estates - one
dwelling unit per two acres maximum) for Eagle Family Worship.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 9, 2002, 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 one (1) individual
with concerns regarding the location of the entrance into the site and the resulting traffic impacts upon
adjacent property, and the lighting of a fifty-foot tall cross would be an "eyesore".
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual (not
including the applicant/representative) who spoke about church service schedules and noon (12:00 pm)
as the time when Sunday services adjourn.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-OI-02 & RZ-01-02 for an annexation and rezone from
RUT (Rural Urban Transitional) to R-E (Residential-Estates - one dwelling unit per two acres
maximum) for Eagle Family Worship.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 10, 2002.
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 February 16,2002. 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,
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Chapter 65, Idaho Code and Eagle City Code on February 13, 2002. Requests for agencies' reviews
were transmitted on January 11, 2002 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 March 23,
2002. 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 March 20, 2002.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-OI-02 & RZ-01-02) 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 in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of R-E (up to one unit per two acres maximum) is
equal to the one unit per two acres maximum as 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
required to be provided, to serve a church facility on this property under the proposed
zone;
c. The proposed R-E zone (up to one unit per two acres maximum) is compatible with
the R-E zone (up to one unit per two acres maximum) and proposed residential uses
(Cavallo Estates Subdivision) to the north and east since that area is approved to be
developed at one or fewer dwelling units per two acres and the church facility will be
required to provide a landscaped buffer area between these two land uses;
d. The proposed R-E zone (up to one unit per two acres maximum) is compatible with
the RUT (Ada County designation) to the south and west since those areas are
currently single family residential and farm land and are anticipated to develop at one
or fewer dwelling units per acre and at one or fewer dwelling units per two acres per
the Comprehensive Plan Land Use Map and since the church will be required to
provide landscape strips abutting Park Lane and Floating Feather Road to screen the
church from nearby residential uses;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
4.
The Council stated further that the nonconforming house located 45-feet north of Floating Feather
Road may remain in its current location upon the site to be used as an ancillary office (called the
"Annex") for a period of no more than five years from the date of this approval.
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DATED this 23rd day of April 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
RiCkY~
ATTEST:
11 (H" .k. ~(9-c2:K-
<""/Sharon~-K Moore, Eagle City erk
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