Findings - CC - 2003 - A-02-02/RZ-02-02 - Annex/Rezone From Rut To R2ada/36 Acre/736 E River
ORIGiNAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE FROM )
RUT (RURAL URBAN TRANSITION) TO )
R-2-ADA (RESIDENTIAL - WITH ANNEXATION)
AND DEVELOPMENT AGREEMENT) FOR )
LARRY FLYNN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-O2-02 & RZ-O2-02
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on March 25, 2003, at which time public testimony was taken and the public hearing continued to April 8,
2003. A second public hearing was held on March 13, 2003, for Council consideration of an annexation
and development agreement. The Council made their decision at that time. 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.
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-ADA (Residential - up to two dwelling units per acre with annexation and
development agreement). The 36-acre site is generally located approximately Yz 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.
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 4, 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 February 28,
2003.
Notice of Public Hearing for the annexation and development agreement for the Eagle
City Council was published in accordance for requirements of Title 67, Chapter 65, Idaho
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Code and the Eagle City ordinances on April 22, 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 April 15, 2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: PP-3-02 (preliminary plat for Hidden Island residential
subdivision)
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
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-ADA (Residential with Residential Subdivision
annexation and development
agreement)
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 OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 36.03-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on June 20, 2002, and
incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): None provided.
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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.
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 1
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.
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Chapter 6
Chapter 7
7.8
7.9
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.
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
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 flood way 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 floodway 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 floodway 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 floodway is shown as a generalized area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the flood way and floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas.)
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.
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Chapter 8
8.3.0
8.3.1
8.6
Chapter 9
9.5
Transportation
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:
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.
Implementation Strategies
e.
Encourage new development to provide for pedestrian, equestrian, and
bicycle circulation in accordance with the City of Eagle
TransportationlPathway 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
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.
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9.5.2
9.6
9.6.1
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.
Objectives
e.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
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.
9.6.2 Objectives
Chapter 11
11.1
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
Background and Vision
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"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,
these 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, flood way and scenic natural
resource reflective of Eagle's rural character.
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.
1.
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
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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
district annexation do not occur within the 120-day timeframe, then the rezone
approval should be considered void.
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.
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.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 25, 2003, at which
time public testimony was taken and the public hearing continued to April 8, 2003. A second public
hearing was held on March 13, 2003, for Council consideration of an annexation and development
agreement. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representati ve).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by one (2) individuals who felt that a public roadway should serve the subdivision in case of flooding
and the need for emergency access to the site; and the need for access to be provided to the landlocked
property to the west of the proposed development.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-02-02 & RZ-02-02 for an annexation and rezone from
RUT (Rural Urban Transition) to R-2-ADA (Residential with annexation and development
agreement) for Larry Flynn with the following conditions to be placed within an annexation and
development agreement:
2.1
The applicant shall remove all residential structures (including mobile homes), outbuildings, and all
man-made debris from the Property within 180-days from the execution of this Agreement. The
Property shall not be annexed by the City by a properly adopted annexation ordinance until this
condition is met by the applicant.
The applicant shall comply with all conditions of approval of the preliminary plat application
known as Hidden Island Subdivision (PP-3-02) and any subsequent approval of a final plat for the
site.
2.2
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.
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.
Applicant will comply with all rules, regulations and ordinances of Eagle per the terms of this
Agreement including, but not limited to, applications for development permits as required by Title 10,
Flood Control, of the Eagle City Code.
2.4
2.5
2.6
The property shall be annexed into the Eagle Sewer District's service boundaries prior to the City
accepting a fmal plat application for the proposed subdivision on the site.
The applicant shall submit the amount of one-hundred ten dollars ($110.00) for each buildable lot
within the development, payable to the Ada County Highway District, for contribution toward the
construction of a traffic signal to be located at the intersection of Island Woods Drive and Eagle Road
(SH 55). The applicant shall submit to the City a receipt of these funds from the Ada County Highway
District prior to the City accepting a final plat application for this site.
2.7
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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.
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 4, 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 February 28, 2003.
Notice of Public Hearing for the annexation and development agreement for the Eagle City Council
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on April 22, 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 April 15, 2003.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
with annexation and development agreement (A-2-02 & RZ-2-02) 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 with annexation and development agreement is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-2-ADA (Residential - up to two-units per acre
maximum with annexation and development agreement) 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 commercial 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 ~outh 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
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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 flood way as conditioned by the
agencies having jurisdiction over the Boise River Floodplain.
4.
The Council determined that no nonconforming uses will be created or will be annexed into the
City with this application 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, has been agreed upon and approved.
DATED this 13th day of May 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
<
ATTEST:
ß ú\.~' -~ ~~
Sharob K. Moore, Eagle City erk
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