Loading...
Findings - PZ - 2003 - A-02-02 & RZ-02-02 - Annex/Rz From Rut To R2/36 Acre/736 E. Riverchase Way ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ANNEXATION AND REZONE FROM RUT (RURAL URBAN TRANSITION) TO R-2 (RESIDENTIAL) FOR LARRY FLYNN ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-O2-02 & RZ-O2-02 The ahove-entitled annexatinn and rezone applications came before the Eagle Planning and Znning Commission for their recommendation on February 3, 2003, at which time public testimony was taken and the public bearing was closed. 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: Larry Flynn, represented by Brian Flynn with Rocky Mountain Engineering and Surveying, is requesting an annexation and rezone from RUT (Rural Urban Transitional) to R-2 (Residential - up to two dwelling units per acre). The 36-acre site is generally located approximately Vl mile east of Eagle Road at 736 East Riverchase Way. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on June 20, 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 July 29, 2002, and January 14,2003. 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 July 24, 2002, and January 8, 2003. Requests for agencies' reviews were transmitted on July 9, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (none) E. COMPANION APPLICATIONS: PP-3-02 (preliminary plat for Hidden Island residential subdivision) Page I of 10 K:\Plamullg D<ptlEagl< APpli"atiuuslRZ&AI2002\A-O2-02 & RZ-O2-02 plf.d,," F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Residential Two (up to RUT (Residential- Ada Residences ("stick built", two-units per acre County designation) mobile home, log cabin) / maximum) & Floodway Pasture Proposed No Change R-2 (Residential) Residential Subdivision North of site Floodway & Mixed Use RUT (Residential- Ada Floodway & North Channel County designation) of Boise River & Pasture South of site Residential Two (up to R-2-P (Residential- Planned RiversEnd Subdivision two-units per acre Unit Development) maximum) East of site Floodway & Residential RUT (Residential - Ada Floodway & RiversEnd Two (up to two-units per County designation) & Subdivision & Pasture acre maximum) Floodway & R-2-P (Residential - Planned Unit Development) West of site Residential Two (up to A-R (Agricultural- Residence/ Pasture & Island two-units per acre Residential) & R-2-P Woods Subdivision maximum) (Residential- Planned Unit Development) G. DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA. H. TOT AL ACREAGE OF SITE: 36.03-acres 1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See attached justification letter date stamped by the City on June 20, 2002, provided by the applicant's representative. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): N/a K. A V AILABILITY 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 has annexed the property into the District's service area and sewer line construction drawings are required to be approved prior to service initiation. A letter from the Central District Health Department stating approval of central water and sewer systems is required. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. Page 2 of 10 K:\Plamring DeptlEagle ApplicationslRZ&AI2002\A.02.02 & RZ.O2.02 pzf.uoc M. NON-CONFORMING USES: An existing single-family dwelling unit, a log cabin and a mobile home are located upon the site. Eagle City Code prohibits more than one single family dwelling per lot within an R-2 zoning district and prohibits the placement of mobile homes in areas other than within approved mobile home parks. 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 Department Department of Environmental Quality Eagle Fire Department Eagle Sewer District Joint School District No.2 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 Two", suitable primarily for single-family residential development within areas that are rural in character. Residential density of up to two dwelling units per gross acre may be considered by the City for this area. Chapter I Overview 1.1 City of Eagle Statement of purpose The purpose of the Eagle Comprehensive Plan is to promote the health, safety, and general welfare of the people of the City of Eagle and its Impact Area as follows: d. To ensure that the important environmental features of the City and its Impact Area are protected and enhanced. g. To ensure that the development of land is commensurate with the physical characteristics of the land. h. To protect life and property in areas subject to natural hazards and disasters. Chapter 6 Land Use Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the flood way which Page 3 of 10 K:\P1anning DepllEagle ApplícalionslRZ&AI20021A-O2-02 & RZ-O2-02 pzf.doc Chapter 7 7.8 Chapter 8 can pose significant hazards during a flood event. Also, the flood way areas shall not be considered as a part of the minimum area of open space required with the zoning ordinance unless developed as noted within this paragraph, and shall be excluded from the gross land area for calculating residential densities permitted. Any portion of the floodway developed as a substantially improved wildlife habitat area open to the public, or useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be credited toward the minimum open space required for a development. Natural Resources and Hazard Areas Hazard Areas The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when deemed necessary. Areas of flooding consists of two parts: (1) the flood way which is the most severe area of flooding characterized by deep and fast moving water; and (2) the floodplain which is less severe than the flood way and is characterized by shallower and slower moving waters at the time of flooding. The Dry Creek floodplain has a potential for flash flooding while the Boise River would probably flood due to seasonal weather conditions. A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space area, a recreational area and/or a nature area may be encouraged in the l00-year floodplain of the Boise River and Dry Creek. The flood way is shown as a generalized area only on the Land Use Map. The Federal Emergency Management Administration (FEMA) maps show specifically where the floodway and floodplain boundaries are located. (Also, see Eagle City Code for definitions of terms relating to the floodplain areas.) 7.9 Goal Special concern and attention should be given to the preservation of fish, wildlife, water resources, air quality, agriculture, open space and recreation-nature areas when implementing planning and zoning decisions. Transportation 8.3.0 City of Eagle Functional Pathway Classifications An effective pathway system should include a combination of Paths and Lanes. The City of Eagle TransportationlPathway Network Maps #1 and #2 illustrates the various classifications and locations which are included in the pathway system and described as follows: Page 4 of 10 K:\Planning DeptlEag1e Applications\RZ&AI20021A-02-02 & RZ-O2-02 pzf.uoc 8.3.1 Chapter 9 Paths Function: To provide for recreation and alternative transportation; important to provide safe continuous thoroughfares with minimal cross flow of vehicular traffic. Location: Paths could be located on corridors separate from roadways such as utility easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located along roadway right-of-ways and would usually be separated from vehicle travel lanes and the paved section of the roadway by a median or sidewalk. 8.6 Implementation Strategies e. Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle Transportation/Pathway Network Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. p. Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts. or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required to provide a canopy effect over the roadways. The type of street trees used should be those which have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. Parks, Recreation and Open Spaces 9.5 Pathways and Greenbelts Pathways are nonmotorized multi-use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may include pathways and/or bike lanes. 9.5.2 Objectives e. All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. Page 5 of 10 K:\Plmming Depl\Eagle ApplicationslRZ&AI2002\A-O2-02 & RZ-O2-02 pzf.ùoc 9.6 9.6.1 9.6.2 Chapter 11 g. Improve/provide access to greenbelt/pathway east of Eagle Road on the south side of the North Channel of the Boise River. Open Space Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. Goal To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. Objectives a. To establish open space to protect the finite resource base of Eagle's natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. b. To provide an open space setting for active and passive recreation for all age groups throughout the community. c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas of geological instability. d. To protect the natural lay of the land (e.g., minimize land disturbance). e. To protect such unique environmental areas as historical, geological, and archaeological sites and monuments, natural areas, and wildlife habitat. Special Areas and Sites 11.1 Background and Vision "Special Areas and Sites" are defined as areas, sites or structures of historical. archaeological, architectural, ecological, or scenic significance. Special areas or sites should be analyzed according to their defined function. Whenever possible, rhese sites should be preserved and conserved as open spaces or for educational and cultural centers. Development of Special Areas or Sites should take place in a manner that reflects harmony with their natural environment and recognized qualities which render them distinctly unique. The Boise River Floodplain, the Dry Creek Floodplain and the North Foothills possess a recognized function as a wildlife habitat, floodway and scenic natural resource reflective of Eagle's rural character. Page 6 of 10 K:\Planning DeptlEagle Applications\RZ&AI2002\A-02-02 & RZ-O2-02 pzf.~oc Chapter 12 Community Design 12.4 Implementation Strategies c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat, and open space recreational area and for agricultural uses. I. Encourage the development of pathways and open-space corridors throughout the City. q. Maintain the rural residential character and open space environment in and around the City. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-3-3 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. Additional dwelling units shall not be permitted within the above mentioned zoning designations unless specifically permitted elsewhere within this title. c. DISCUSSION: . A single-family dwelling unit, a log cabin and a mobile home currently exist on the site. Upon an annexation and rezone of the property to R-2, the parcel would become a nonconforming use since Eagle City Code Section 8-3-3 does not permit more than one single-family dwelling unit per parcel. In addition, Eagle City Code prohibits the placement of mobile homes in areas other than within approved mobile home parks. This site is not an approved mobile home park. Typically, when a site specific concern arises during the rezoning process (such as the nonconforming use 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 which may raise concern. In this instance, however, the only two known concerns (based on available information) regarding the rezone of the site to R-2 is the nonconforming status of the parcel due to the existence of more than one single-family dwelling upon the site (a mobile home and a log cabin) and the need for central services to be provided to the site. Rather than initiating a development agreement for these two issues, staff recommends approval of the annexation and rezone with the conditions that the applicant remove from the site all mobile homes or other dwellings, with only one single-family dwelling to remain; and that the site be annexed into the Eagle Sewer District's service boundaries, prior to the City approving the rezone ordinance. To assure the rezone of this site occurs in a timely fashion, the mobile home and log cabin should be removed from the site, and the sewer district annexation should be approved within 120-days from the rezone approval date (at which time the ordinance will be approved and the site will be designated as R-2). If the removal of the mobile home and log cabin, and the sewer Page 7 of 10 K:\PLlllnÚßg D.ptlEagk App!ìçatiollsIRZ&AI2002\A-O2-02 & RZ-O2-02 pzLuoo district annexation do not occur within the 120-day timeframe, then the rezone approval should be considered void. ST AFF 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 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-2 (up to two-units per acre 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 single-family residential subdivision on this property under the proposed zone; c. The proposed R-2 zone (up to two units per acre maximum) is compatible with the RUT zone (Ada County designation) and the North Channel of the Boise River to the north and west since the land within this development that is located in the floodway is required to remain undisturbed and free of structures which will act as a natural buffer with the uses proposed within the Eagle River development on the north side of the North Channel of the Boise River; d. The proposed R-2 zone (up to two units per acre maximum) is compatible with the R-2-P zone (up to two units per acre maximum with a PUD) to the south and east since those areas are currently single family residential and farm land that has been approved to develop at two or fewer dwelling units per acre as conditioned within the RiversEnd Subdivision PUD. e. While the land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan, this development will be required to comply with all the applicable City of Eagle ordinances regarding construction in the floodplain, and preservation of the lands within the floodway as conditioned by the agencies having jurisdiction over the Boise River Floodplain. 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 applicant shall remove from the site the mobile home and log cabin, with only one single- family dwelling to remain, and receive approval of annexation into the Eagle Sewer District's service boundaries, prior to the Citv approving the rezone ordinance. To assure the rezone of this site occurs in a timely fashion, the mobile home and log cabin should be removed from the site, and the sewer district annexation shall be approved within 120-days from the rezone approval date (at which time the ordinance will be approved and the site will be designated as R-2). If the removal of the mobile home and log cabin, and the sewer district annexation does not occur within the 120-day timeframe, then the rezone approval should be considered void. Page 8 of 10 K:\PlamÚßg DeptlEagle AppticationslRZ&Al2002\A-O2-02 & RZ-O2-02 pzf.doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on February 3, 2003, 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 no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). D. Oral testimony neither in opposition nor in favor of this proposal was presented to the Planning and Zoning Commission by one (1) individual with concerns regarding the wildlife and wetlands in the area, the condition of the existing bridge accessing the site and the possible encroachment onto abutting property, and the possible granting of an access easement over this property to the property to the west. COMMISSION DECISION: The Commission voted 3 to 0 (Crook abstained, Bloom absent) to recommend denial of A-02-02 & RZ-02-02 for an annexation and rezone from RUT (Rural Urban Transition) to R-2 (Residential) for Larry Flynn. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on June 20, 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 July 29, 2002, and January 14, 2003. 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 July 24, 2002, and January 8, 2003. Requests for agencies' reviews were transmitted on July 9, 2002 in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed annexation and rezone (A-02-02 & RZ-02-02) 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 not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: The subject parcel may be more suitable for a zoning designation of R-l (Residential - up to one dwelling unit per acre), and through the PUD process, varied lot sizes may be created with smaller size lots providing space for larger size lots to offer an opportunity for those residents desiring to maintain horses and other livestock within the open floodway. 4. The Commission stated further that if the City Council acts to approve this annexation and rezone application with an R-2 zoning designation, the applicant should be required to provide documentation showing that no more than one structure or dwelling unit will occupy each lot or parcel, and that any additional structures or dwellings should be removed, prior to the City approving the rezone ordinance. Page 9 of 10 K:\Plamling DeptlEagle Applications\RZ&AI2002\A-02-02 & RZ-O2-02 pzf.ùoc To assure the rezone of this site occurs in a timely fashion, the non-conforming dwellings shall be removed from the site within 120-days from the rezone approval date (at which time the ordinance will be approved and the site will be designated as R-2). If the removal of the non-conforming dwellings does not occur within the 120-day timeframe, then the rezone approval shall be considered void. DATED this 18th day of February 2003. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~ ~-P- Steve Decker, hairnf"an ,"""""""'" " ~ AOl' "" ,'" G ¡;;. ~b'.. ," O}: ....... q '.. ~.~.. .. ~ .: ¡;:,-." O~A Tl!.. ~ I ..... I ~~ \.. \ CJ: 0 ..~: . ..... . . :::: 0: t:J:::t:: S -. ~.,,\,,': ~ ~ORPO\'-~.. L"\ .: ~.. ....... G \.'1.." '.. u'), O,~.." '## ".4 TE ,.." #"".........", Page 10 of 10 K:\Planning DeptlEagle Applications\RZ&AI2002\A-O2-02 & RZ-O2-Q2 pzf.doc