Findings - PZ - 2003 - A-3-03 & RZ-4-03 - A/Rz Frm Rut To Re/30.72 Acre/657 E Beacon Light Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
AN ANNEXATION AND REZONE FROM RUT
(RURAL URBAN TRANSITIONAL) TO R-E
(RESIDENTIAL-ESTATES) FOR DOUGLAS CARNAHAN
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-3-03 & RZ-4-03
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The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on October 6, 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:
PROJECT SUMMARY:
Douglas Carnahan, represented by David Bailey, P.E. with Bailey Engineering, is
requesting a rezone upon annexation from RUT (Rural Urban Transitional - Ada County
Designation) to R-E (Residential-Estates - up to one dwelling unit per two acres). The
30.72-acre development is located approximately If.¡ mile east of Eagle Road and south of
Beacon Light Road, at 657 E. Beacon Light Road.
A.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 7, 2003.
B.
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 August 26, 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 August 20,2003. Requests for agencies' reviews were transmitted on August 8,
2003, in accordance with the requirements of the Eagle City Code.
c.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
D.
COMPANION APPLICATIONS: PP-5-03 (Oakhaven Subdivision)
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E.
COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates (up to RUT (Residential- Ada Wholesale Nursery
one unit per two acres County designation)
maximum)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Estates (up to RUT (Residential- Ada Sunnybrae Subdivision
one unit per two acres County designation)
maximum)
South of site Residential Estates (up to A-R (Residential) Los Luceros Subdivision
one unit per two acres
maximum)
East of site Residential Estates (up to A-R (Residential) Los Luceros Subdivision
one unit per two acres
maximum)
West of site Residential Estates (up to R-E (Residential) Bighorn Subdivision
one unit per two acres
maximum)
F.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
G.
TOTAL ACREAGE OF SITE: 30.72-acres
H.
APPLICANT'S STATEMENT OF mSTIFICATION FOR THE REZONE:
See justification letter dated August 7, 2003, provided by the applicant's representative,
attached to the staff report and included herein by reference.
I.
APPLICANT'S STATEMENT OF mSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/a
J.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter (with conditions) from the Eagle Fire Department has been
received. 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. The Central District Health Department has no objection to the proposal, but the
City will require an approval letter the CDHD regarding septic systems, prior to the City
signing the final plat. An approval letter from the water company having jurisdiction is
required.
K.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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L.
NON-CONFORMING USES:
A wholesale nursery/tree farm is in operation on the site that, pursuant to a rezone and
annexation into the city limits, would constitute a non-conforming use since a nursery
requires the approval of a conditional use permit in the R-E zoning district.
M.
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 of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power
Joint School District No.2
N.
LETTERS FROM THE PUBLIC:
Letter date stamped by the City on September 30, 2003, from Joseph and Carol Meadows,
636 Los Luceros Circle, Eagle, ill 83616
STAFF ANALYSIS PROVIDED WITIllN THE STAFF REPORT:
A.
COMPREHENSNE 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 that 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.
Chapter 8
Transportation
8.6
Implementation Strategies
o. Encourage arterial and collector roadway design criteria consistent with the rural
nature of planned and existing developments generally within the areas designated
on the Land Use Map as Residential Rural (one dwelling unit per five acres
maximum) and Residential Estates (one dwelling unit per two acres maximum).
Such designs should include the following:
1. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography, trees,
ditches and/or similar features may limit the distance between sidewalks
and/or pathways and the roadway edge. Easements may be needed if portions
of the sidewalk and/or pathway is to be located outside of the right-of-way.
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3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only at
driveways and/or street intersections that are expected to generate a minimum
of 1000 vehicle trips per day, or where determined to be necessary for safety
by ACHD. Any portion of a center turn lane which is not used for such a
driveway or intersection should be landscaped. Such landscaped medians
would need to be maintained by the City and would require a license
agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides of
the roadway.
5. A minimum building setback ordinance resulting in a setback of
approximately 125-feet from the roadway centerline should be considered to
be adopted by the City.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-3 states that a Nursery requires a conditional use permit within the R-E
zoning district.
c.
DISCUSSION:
.
A wholesale nursery/tree farm is currently in operation at the subject site that, pursuant to a
rezone and annexation into the city limits, would constitute a non-conforming use since a
nursery requires the approval of a conditional use permit in the R-E zoning district. For the
Oakhaven Subdivision to be developed as proposed, it will be necessary for the nursery
operators to vacate the property prior to the platting of the subdivision. It is staffs
understanding that the applicant plans to remove all the nursery stock (other than that to be
used for the development of the Oakhaven Subdivision) from the site during the fall months of
2003.
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 known
concern (based on available information) regarding the rezone of the site to R-E is the
nonconforming status of the parcel due to the existence of the wholesale nursery upon the site.
Rather than initiating a development agreement for this single issue, staff recommends
approval of the rezone upon annexation with the condition that the applicant discontinue the
sale of nursery stock on the site, prior to the City approving the rezone ordinance. To assure
the rezone of this site occurs in a timely fashion, the wholesale nursery operation should 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-E). If the operation of the
wholesale nursery is not discontinued within the 120-day timeframe, then the rezone approval
should be considered void.
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STAFF RECOMMENDED FINDINGS PROVIDED WITIllN 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 (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
expected to be provided, to serve single-family dwelling units on this property
under the proposed zone. This information does not include the provision of
individual septic systems; Central District Health Department approval of these
systems will be required;
c. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) zone and existing residential lots to the north
since the two areas are separated by a minor arterial (Beacon Light Road) and
landscaping will be installed abutting the northern boundary of this site to buffer
the proposed dwellings from said roadway;
d. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
A-R zoning designation and existing residential lots to the south and east since
those areas may develop further at one or fewer dwelling units per two acres per
the Comprehensive Plan Land Use Map and since both areas allow for
development transitioning from agricultural uses to residential uses;
e. The proposed R-E zone (one unit per two-acres maximum) is compatible with R-
E zoning designation (one unit per two-acres maximum) and land uses to the
west;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan;
g. No non-conforming uses are expected to be created with this rezone since the
applicant is required to discontinue the sale of nursery stock on the site prior to the
City approving the rezone ordinance, otherwise the rezone will be considered null
and void.
STAFF RECOMMENDATION PROVIDED WITIllN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone upon annexation with the condition as noted within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
6, 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 eight (8) individuals with concerns regarding the compatibility of 5-acre sized lots with 2-acre sized
lots, the need to protect the property rights and quality of life of existing property owners, the effects of
new septic systems on adjacent properties, the additional impacts on the congested roadways and
overcrowded schools, the need to protect the "rural" character of the area that has been established,
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and the need to design irrigation ponds with measures that will not promote the breeding of mosquitoes
and the spread of the West Nile virus.
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 4 to 0 (Bandy absent) to recommend approval of the requested rezone
upon annexation (A-3-03 & RZ-4-03) from RUT (Rural Urban Transition) to R-E (Residential-
Estates) for Douglas Carnahan with the following condition:
The applicant shall discontinue the wholesale nursery operation existing on the site, prior to the
City approving the rezone ordinance. To assure the rezone of this site occurs in a timely fashion,
the wholesale nursery operation should 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-
E). If the operation of the wholesale nursery is not discontinued within the 120-day timeframe,
then the rezone approval shall be considered void. The City recognizes that subsequent to the
ceasing of commercial operations on the site. a share of the trees (those recognized as nursery
stock and not established old growth trees) will remain on site past the 120-day time period due to
harvesting schedules, and of which may be used off-site for commercial pwposes.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 7, 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 August 26, 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 August 20, 2003. Requests for agencies' reviews
were transmitted on August 8, 2003, 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-3-03 & RZ-4-03) 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 in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
.
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 (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 expected to be
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provided, to serve single-family dwelling units on this property under the proposed zone.
This information does not include the provision of individual septic systems; Central
District Health Department approval of these systems will be required;
c. The proposed R-E zone (one unit per two-acres maximum) is compatible with the RUT
(Ada County designation) zone and existing residential lots to the north since the two
areas are separated by a minor arterial (Beacon Light Road) and landscaping will be
installed abutting the northern boundary of this site to buffer the proposed dwellings from
said roadway;
d. The proposed R-E zone (one unit per two-acres maximum) is compatible with the A-R
zoning designation and existing residential lots to the south and east since those areas
may develop further at one or fewer dwelling units per two acres per the Comprehensive
Plan Land Use Map and since both areas allow for development transitioning from
agricultural uses to residential uses. Further, the proposed Oakhaven Subdivision has
been designed to configure the lots in a ratio of approximately 1: 1 with the existing lots
within Los Luceros Subdivision to mitigate (along with trees required to be planted along
the eastern and southern boundary lines) lot-size compatibility concerns;
e. The proposed R-E zone (one unit per two-acres maximum) is compatible with the R-E
zoning designation (one unit per two-acres maximum) and land uses to the west;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan;
g. No non-conforming uses are expected to be created with this rezone since the applicant is
required to discontinue the sale of nursery stock on the site prior to the City approving
the rezone ordinance, otherwise the rezone will be considered null and void.
DATED this 20th day of October 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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7:> ,¡/ð.-/ -
Steve De ers, Chairman
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