Findings - PZ - 2003 - A-01-03 & RZ-01-03 - A/Rz From Rut To R-4/5.03 Acre/10895 Horseshoe Bend Road
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-4 (RESIDENTIAL) FOR DONNA WESTON
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-OI-O3 & RZ-OI-O3
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on June 2, 2003, at which time public testimony was taken and the
public hearing 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:
Donna Weston, represented by Roylance & Associates, is requesting an annexation and
rezone from RUT (Rural Urban Transitional) to R-4 (Residential - up to four dwelling
units per acre). The 5.03-acre site is located on the west side of Horseshoe Bend Road
approximately I,I50-feet south of Floating Feather Road, at 10895 Horseshoe Bend Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 17, 2003.
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 May 13, 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 May 7, 2003. Requests for agencies' reviews were transmitted on April 17,
2003, in accordance with the requirements of the Eagle City Code.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: (none)
Page 1 of 7
\\EAGLENT1ICOMMON\Planning DeptlEagle ApplicationslRZ&A\2003\A-OI-03 & RZ-Ol-O3 pzf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential Four (up to RUT (Residential- Ada Residence/ Pasture
four-units per acre max.) County designation)
Proposed No Change R-4 (Residential) Conceptual Residential
Subdivision
North of site Residential Four (up to RUT (Residential- Ada Residence! Pasture
four-units per acre max.) County designation)
South of site Residential Four (up to RUT (Residential- Ada Residence/ Pasture
four-units per acre max.) County designation)
East of site Residential Two (up to R2 (Residential - Ada Brenson Subdivision
two-units per acre max. - County designation)
pursuant to the approval of
CPA-I-03)
West of site Residential Four (up to R-4 (Residential) Echohawk Estates
four-units per acre Subdivision & State
maximum) Highway 55
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 5.03-acres
I.
APPLICANT'S STATEMENT OF mSTIFICA TION FOR THE REZONE:
As noted in the attached justification letter date stamped by the City on April 17, 2003, the
intent of the annexation and rezone is for the future subdivision of the property. While a
conceptual parcel and roadway layout has been submitted, a preliminary plat application
has not been submitted. Conversations between staff and the applicant indicate an
application for a lot split record of survey may be submitted prior to the submittal of a
preliminary plat.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See staff discussion below regarding an Annexation and Development Agreement.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter (with conditions) from the Eagle Fire Department requires an
approved turnaround for any street proposed for the subject property. The Eagle Sewer District
states the subject property will need to be annexed into the District's service area and sewer line
construction drawings approved prior to service initiation. An approval letter from the water
company providing service to the property is required.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
Page 2 of 7
\\EAGLENTIICOMMON\Planning DeptlEagle ApplicationslRZ&A\2003\A-OI-O3 & RZ-Ol-O3 pzf.doc
A.
B.
M.
NON-CONFORMING USES:
A trailer being used as a mortgage office is situated to the south of an existing single-
family dwelling unit, and in addition, signs are posted advertising a horse stable!training
facility with arena on the site. While Eagle City Code may allow the use of a mobile
office in a residential zoning district through the approval of a conditional use permit, a
mobile office would not be allowed on a parcel in which a single-family dwelling exists,
since the dual use of the property would change the character of the residential site.
Secondly, Eagle City Code prohibits the use of a riding academy/stable within a
residential zoning district. The operation of a mobile office and a riding academy/stable
on the subject property constitutes a non-conforming use of the property.
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
Idaho Power
Idaho Transportation Department
Independent School District of Boise City #1
O.
LETTERS FROM THE PUBLIC:
Letter with attached exhibits from six individuals (signed by five), date stamped by the
City on May 29,2003.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
COMPREHENSIVE PLAN PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Four",
suitable primarily for single-family residential development within an urbanized
setting. Residential density of up to four dwelling units per gross acre may be
considered by the City for this area.
ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
ECC Section 8-2-3 states that a riding academy/stable is not a permitted use within
the R zoning district.
.
ECC Section 8-3-5 (L) Home Occupations, states in part that a home occupation shall
be clearly secondary and incidental to the residential use, and that no change in
the outside appearance or visible evidence of the home occupation shall be
present.
Page 3 of 7
\\EAGLENTIICOMMON\PIanning DeptlEagle ApplicationslRZ&A\2003\A-OI-O3 & RZ-Ol-O3 pzf.doc
c.
DISCUSSION:
.
A single-family dwelling unit, a mobile office and a stable/riding arena currently exist
on the site. Upon an annexation and rezone of the property to R-4, the parcel would
become a nonconforming use since Eagle City Code Section 8-2-3 does not permit
riding academies/stables in the R-4 zoning district. In addition, Eagle City Code
Section 8-3-5 (L) prohibits the placement of mobile office, functioning as a home
occupation, on the same site as a single-family dwelling unit since the mobile office
clearly alters the visible appearance and residential characteristics of the site.
Typically, when a site specific concern arises during the rezoning process (such as the
nonconforming uses 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. A second measure
that may be used is an annexation and development agreement, whereby the property
would not be incorporated into the city limits (by an act of an ordinance) until certain
conditions have been satisfied.
With this in mind, consideration should be given to the initiation of an annexation and
development agreement with conditions that the applicant remove the mobile office
from the site, and discontinue the operation of the riding academy/stable prior to the
City annexing (and rezoning) the property. In addition, the site should be annexed
into the Eagle Sewer District's service boundaries, and a letter be provided from the
water department having jurisdiction over the area, to ensure adequate central services
are available to the site for future development. To assure the annexation of this site
occurs in a timely fashion, the discontinued use of the riding academy/stable, the
removal of the mobile office, approval of the jurisdictional water department and the
sewer district annexation should occur within 120-days from the approval date of this
application (at which time a rezone ordinance may be approved and the site will be
designated as R-4). If the discontinued use of the riding academy/stable, the removal
of the mobile office, approval of the jurisdictional water department and the sewer
district annexation do not occur within the I20-day timeframe, then the annexation
and development agreement should be considered void.
The applicant has submitted a conceptual layout of a residential subdivision that may
be proposed in the near future (see attached). The conceptual plan may be considered
as a starting point for the eventual development of the site, but should not be
considered with this application as a binding design and layout meeting the
requirements of Eagle City Code. The applicant will be required to submit a
preliminary plat application upon any proposed subdivision of the site, and upon the
review of that application, such items as road configuration and stub streets, buffer
areas, open space, and at parcel layout will be addressed.
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 annexation and rezone is in accordance with the City of Eagle
Page 4 of 7
\\EAGLENTIICOMMON\PIanning DeptlEagle ApplicationslRZ&A\2003\A-OI-O3 & RZ-OI-O3 pzf.doc
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-4 (up to four-units per acre maximum) is
equal to the four units per acre 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-4 zone (up to four units per acre maximum) is compatible with
the R2 zone (Ada County designation) and existing lots to the east since that area
is separated from this subject property by Horseshoe Bend Road, and any
subdivision of the subject property will be required to provide a buffer along the
eastern boundary of the site;
d. The proposed R-4 zone (up to four units per acre maximum) is compatible with
the R-4 zoning designation and existing lots to the west and any subdivision of the
subject property will be required to provide a buffer along the western boundary
of the site and State highway 55;
e. The proposed R-4 zone (up to four units per acre maximum) is compatible with
the RUT zone (Ada County designation) zones to the north and south since those
sites are anticipated to develop with similar residential densities as it is shown at
four or fewer dwelling units per acre per the Comprehensive Plan Land Use Map;
f. The land is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this development since
an annexation and development agreement between the City and the applicant,
which requires the removal of all nonconforming uses from the site prior to the
site being annexed into the City, is required.
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 conditions to be placed within an annexation and
development agreement:
2.1 The applicant shall discontinue the use of the riding academy/stable, remove the
mobile office from the property, provide documentation that the site will be served by
the water company having jurisdiction, and annex the property into the Eagle Sewer
District's service boundaries within I20-days from the execution of this Agreement.
The City shall not annex the Property by a properly adopted annexation ordinance
until this condition is met by the applicant.
2.2 The applicant shall submit a preliminary plat application for any proposed subdivision
of the Property, and shall comply with all conditions required by Eagle as a part of the
land subdivision process. Items to be addressed (but not limited to) with any
preliminary plat application are as follows:
Landscaped buffer areas abutting Horseshoe Bend Road and State Highway
55, designed pursuant to Eagle City Code.
0 Open space with usable amenities for the enjoyment of the residents.
0 A minimum five-foot (5') wide concrete sidewalk abutting Horseshoe Bend
Road.
0
Page 5 of 7
\\EAGLENTIICOMMON\PLanning DeptlEagle ApplicationslRZ&A\2003\A-OI-O3 & RZ-OI-O3 pzf.doc
0 A minimum five-foot (5') wide concrete sidewalk separated from the back of
curb by a five-foot (5') wide planter strip (with landscaping and street trees)
abutting all internal roadways.
0
Pressurized irrigation system to serve all residential and common lots.
Stub streets to adjoining undeveloped properties to ensure traffic circulation
upon further development of abutting properties.
0
2.3 The applicant shall submit a Design Review application for the site (as required by the
Eagle City Code), and shall comply with all conditions required by Eagle as a part of
the Design Review.
2.4 Except as provided for herein the development shall comply with the Eagle
Comprehensive Plan and City Code, as it exists in final form at the time an application
is made and the conditions within this agreement shall be satisfied.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 2,
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 three (3) individuals with concerns regarding property values being adversely affected due to a lack
of master planning among the adjoining parcels in the vicinity of the subject parcel. The individuals
acknowledged that development will occur yet this is not the appropriate time. Testimony commented
on the undesirable effects resulting from the City inheriting non-complying uses upon annexing the
property into the City limits.
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. Written testimony in opposition to this proposal was previously submitted to the Planning and Zoning
Commission, as noted under section "0" under the Findings of Fact written above.
COMMISSION DECISION:
The Commission voted 3 to 0 (Cadwell, Deckers absent) to recommend denial of this requested
rezone, RZ-OI-03 for a rezone upon annexation from RUT (Rural Urban Transition) to R-4
(Residential) for Donna Weston.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 17, 2003.
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 May 13, 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 May 7, 2003. Requests for agencies' reviews were
transmitted on April 17, 2003, in accordance with the requirements of the Eagle City Code.
Page 6 of 7
\\EAGLENTIICOMMON\PIanning DeptlEagle ApplicationslRZ&A\2003\A-OI-O3 & RZ-OI-O3 pzf.doc
3. The Commission reviewed the particular facts and circumstances of this proposed annexation and
rezone (A-OI-03 & RZ-OI-03) 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:
While the Commission was only contemplating the zoning of the subject parcel upon annexation, the
future development of the site was a concern. Because the parcel is amidst undeveloped properties,
with no desire of the adjoining property owners to develop at the present time, the lack of a master
plan for the area would diminish the ability of adjacent properties to develop in a cohesive manner,
since multiple subdivisions may occur with no connective, overall character and function. The
"leapfrog" development of the property to a higher density would not be compatible with the existing
larger parcels (five-acres in size or more) and low density uses surrounding the site, and as such, a
more intensive use of the property may be considered premature.
In addition, the non-complying uses existing on the site (riding academy/stable and mobile office) are
not desirable conditions for the City to take over and resolve due to the increased efforts required for
the enforcement of the City's ordinances.
DATED this 16th day of June 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
¥/-
Stev eckers, Chamnan
ATTEST:
--.J 1 ( -\ < ~ -¥- ~ C9&k--
Sharon k. Moore, Eagle City Cler
,'111""""'11
,., OF r. II..
.' ~ ~"'O #...
"'...~ ....... .~~..
l" c.?' .. .. '-'(þ ~
/ ... ~J' OR"" :.. "
: : ,..0 ""';"'" ~
..v v'..
. . . .
: * : -.- : * :
: \..... <, Ti Þ L;;:: ::
~ .';-".>1.:... "'. ::
. ." .." '..0 ..
~ V'~ t .".' "'. ^./9..~ ~
'<"C.,~", ~
'. "1~."" -,...' \'>- ..~
"'" .." C ,.".) ...."
"ff"" !"~'~..~'
,........""
Page 7 of 7
\\EAGLENTIICOMMON\PIanning DeptlEagle ApplicationslRZ&A\2003\A-OI-O3 & RZ-Ol-O3 pzf.doc