Findings - PZ - 1993 - RZ - Rezone Quail Ridge Farm From Ar To R3
CITY OF EAGLE
IN THE !lATTER OF
ROGER C. CRAHDLEMIRE-
QUAIL RIDGE FARM AN
APPLICATION FOR
REZONING
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On AprilS, 1993, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 8,
Eagle City Code, Ed Thomas, representative for Roger C.
Crandlemire, the applicant, came before the Eagle Planning and
Zoning Commission for the City of Eagle, Idaho, requesting approval
of a rezone from AR (Agricultural-Residential) district to R3
(Residential) district.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and zoning
Commission finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to
relevant public entities, including the Ada County Assessor
and Ada County Engineer, Central District Health, Eagle Sewer
District, Eagle Water Co., Eagle Fire Dept., Idaho Power, and
Ada Highway District. The City was advised by said entities
that there was no objection to the applicant's request. Eagle
Sewer District indicated this parcel is within the Sewer
District's Planning Area but is not annexed into the District.
There are no lines to serve the property.
2.
On April 5, 1993, a public hearing was conducted by the Eagle
Planning and Zoning Commission. The Planning and Zoning
Commission heard testimony in opposition to the proposal.
Written testimony was received from:
Glida Bothwell: opposed to increased density.
Kent and Rebecca Quinney, Jim and Ann Carlin, Eva M. Michael,
Anthony and William H. West: opposed to the increased density,
increased traffic on road conditions, overload of sewer or
septic, a desire to keep the rural atmosphere.
Delmar D. and Shirley M. Vail: emphasized the need for central
water and sewer. They objected to the R3 density, believing
it should be Rl.
3.
The concerns of the public were the following: water
availability and water rights, density, development control
and preservation of open space, impact on schools and roads.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
ZONING DISTRICTS
8-2-1: Districts established
R Residential Districts: to provide regulations and
districts for various residential neighborhoods. Density
in an R District shall be determined according to the
numeral following the R. The number designates the
maximum number of dwelling units per acre. Centralized
water and sewer facilities are required in all districts
exceeding one dwelling unit per acre.
8-2-3: Schedule of District use Regulations: district regulations
shall be as set forth in the Official Schedule of District
Regulations and in the performance standards.
8-7-2:
Zoning Permits and certificates of occupancy
A. Zoning Permit
1. Application
2. Plan
3. Approval
4. Expiration
5. Occupancy
of permit
EAGLE COMPREHENSIVE PLAN
LAND USE: Residential uses- I. The residential densities in the
City limits shall not exceed twenty five (25) units per acre.
COMMUNITY DESIGN: policies and Goals:
Page 11.1: -- "encouraging growth outward from the City of Eagle but
precludes establishment of other city centers".
Page 11.5: "Development within the Eagle Impact Area should be
encouraged to grow out from the city limits of Eagle.
POPULATION:
Page 16: With the adoption by Ada County and the City of Eagle of
an Area of Impact Agreement in 1980, urban development is more
effectively managed by encouraging growth within the City limits
and the Urban Service Planning Area.
CONCLUSION
1.
The Commission concludes that there is not adequate evidence
showing that this rezone at the proposed location satisfies
the general standards and is appropriate for approval of a
rezone set forth in Title 8, of the Eagle City Code.
Specifically, that the use will be harmonious with and in
accordance with the general objectives of the Title 8, and the
Comprehensive Plan.
2.
The Commission concludes the application submitted by Roger
Crandlemire for the rezone is not in accordance with the Eagle
Comprehensive Plan, and does not serve the welfare of the
general public nor is it in the best public interest.
3.
The granting of the application may violate the intent of
zoning in the Idaho Code and may nullify the interests and
purposes of the Eagle City Code and Eagle Comprehensive Plan.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application be denied based on the following:
Action by Commission:
a. Commission's Findings: In determining the
acceptance of a proposed rezone, the Commission
shall consider the objectives of this Title and at
least the following:
1. The conformance of the application with the
Comprehensive Plan;
2. The availability of public services to
accommodate any future proposed development
resulting from a rezone to a higher density;
3. The other health, safety and environmental
problems that may be brought to the commission's
attention;
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends
denial of the application for rezoning and recommends the
following: that the property continue to be zoned A-R
(Agricultural-Residential) pursuant to Eagle City Code,
Section 8-2-1 DISTRICTS ESTABLISHED, PURPOSES AND
RESTRICTIONS: A-R District: To provide for the transition of
agricultural land no longer used for extensive agricultural
purposes into residential areas, while preserving agricultural
uses compatible with residential development. Gross density
will not exceed one single family dwelling unit per five (5)
acres.
The denial is also based on the following:
1. It does not move from the center of town with density
2. It is not in keeping with the clear feelings of the people
of the City
3. Nothing stops this from being the density in the new
Comprehensive Plan.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this 19 day of April, 1993.
KEN SMITH
PLANNING AND ZONING CHAIRMAN
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APPROVED:
CLERK