Findings - CC - 2004 - RZ-9-04 - Rezone From Ar To R2
D.
E.
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
REZONE FROM A-R (AGRICULTURAL-RESIDENTIAL)
TO R-2 (RESIDENTIAL) FOR NAGY SPRlNGCREEK LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-9-04
)
)
)
The above-entitled rezone application came before the Eagle City Council for their action on November
23, 2004, at which time testimony was taken and the public hearing was closed. 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:
Nagy Springcreek LLc., represented by Land Consultants Inc., is requesting a rezone
from A-R (Agricultural-Residential) to R-2 (Residential - up to two dwelling units per
acre). The 26. 18-acre site is located west of Eagle Road, at 2267 South Eagle Road.
B.
APPLICA TION SUBMITI AL:
The application for this item was received by the City of Eagle on August 25, 2004.
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 September 18, 2004. 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 September 15, 2004. Requests for agencies' reviews were transmitted on August
26, 2004, 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 October 25, 2004. 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 October 20,
2004.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: PP-6-04 (Westover Lakes Subdivision)
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L.
M.
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Two (up to A-R (Agricultural- Residence/ Pasture
two dwelling units per Residential)
acre) & Floodway
Proposed No Change R-2 (Residential) Residential Subdivision
North of site Floodway & Residential A-R (Agricultural- South Channel of the Boise
Two (up to two dwelling Residential) & R-2-P River & Two Rivers
units per acre) (Residential PUD) Subdivision PUD
South of site Mixed Use LO-DA-P (Limited Office Cottonwood Creek PUD
with Development Agreement
& PUD)
East of site Residential Two (up to Eagle Road & A-R Eagle Road & Proposed
two dwelling units per (Agricultural-Residential) Laguna Point Subdivision
acre) PUD
West of site Floodway & Residential R-2-P (Residential PUD) Streamside Subdivision
Two (up to two dwelling PUD
units per acre)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 26.18-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter date stamped by the City on August 25, 2004, and provided by the
applicant's representative is incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): Not applicable
K.
A V Ail..ABil..ITY AND ADEQUACY OF UTil..ITIES AND SERVICES:
A preliminary approval letter from the Eagle Fire Department has been received. The
Eagle Sewer District states that the subject property would need to be annexed into the
District's service boundaries, and construction drawings approved, to obtain central sewer
service.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
NON-CONFORMING USES: None known to exist
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N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
O.
LETTERS FROM THE PUBLIC:
Letter from Trout, Weeks & Nemec, PLLC, 12400 West Overland Road, Boise, ill 83707
dated September 30, 2004
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.
Chapter 1 - Overview
1.1
City of Eagle Statement of Purpose
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.
1.
To protect fish, wildlife, and recreation resources.
1.3
The City of Eagle Vision Statement
e. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
Chapter 6 - Land Use
6.7
Implementation Strategies
a. Preserve the natural features and resources of Eagle.
n. Support City of Eagle flood and storm drainage regulations to achieve protection of
property rights, environmental protection and flood damage reduction for community
residents.
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B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
c.
DISCUSSION:
.
Staff believes that a R-2 (Residential) zoning designation for this site is appropriate since the
parcel is designated Residential Two as shown on the City of Eagle 2000 Comprehensive Plan
Land Use Plan, and because the lands to the west and north are zoned R-2-P and have been
developed with residential uses that are similar and compatible to the development proposed
with this application. In addition, this site is compatible with the site to the south since that
site is under development with single-family residential uses, and with commercial uses that
have been designed to provide buffers and screening between existing and proposed
residential uses.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
4, 2004, 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 one (1) individual representing the property owner to the south of this site who felt that the property
owner was not properly notified of the public hearing of the subject application, the construction of the
roadway into the site would not be able to meet the design requirements of the Ada Country Highway
District nor Idaho Transportation Department, and that there is pending litigation regarding the
ownership of certain property.
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 to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (1) individual with concerns regarding the need to remove a pile of old
tires from the site and, the potential effects of the development of the subject on the water flow of a
waterway within the Streamside Subdivision to the west.
E. Written testimony in opposition to the proposal was presented to the Planning and Zoning Commission
in the form of a letter signed by one (1) individual representing the property owner to the south of this
site who felt that the property owner was not properly notified of the public hearing of the subject
application, the construction of the roadway into the site would not be able to meet the design
requirements of the Ada Country Highway District nor Idaho Transportation Department, and that
there is pending litigation regarding the ownership of certain property
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of RZ-9-04 for a rezone
from A-R (Agricultural-Residential) to R-2 (Residential) for Nagy Springcreek LLc.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 23, 2004, at which
time testimony was taken and the public hearing was closed. 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/representative ).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-9-04 for a rezone from A-R (Agricultural-Residential) to
R-2 (Residential) for Nagy Springcreek LLc.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 25, 2004.
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 September 18, 2004. 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 September 15, 2004. Requests for agencies'
reviews were transmitted on August 26, 2004, 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 October 25,
2004. 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 October 20, 2004.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-9-04) 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 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 (Residential - up to two unit units per
acre) is in accordance with the Comprehensive Plan established goals and
objectives since the site is to be developed in a manner in accordance with the two
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 single-family dwelling units on this property
under the proposed zone;
c. The proposed R-2 (Residential - up to two unit units per acre) is compatible with
the A-R (Agricultural-Residential) & R-2-P (Residential PUD) zoning districts
and land uses to the north since this site will be developed with single-family
dwellings of similar character, value and lot sizes comparable to those existing
and being built in said areas;
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d. The proposed R-2 (Residential - up to two unit units per acre) is compatible with
the L-O-DA (Limited Office with Development Agreement) zoning district and
land uses to the south since this site will be developed with single-family
dwellings of similar character, value and lot sizes comparable to those being built
on that site and because the commercial uses on the site have been constructed
with landscape buffers to mitigate potential noise or glare upon nearby residences;
e. The proposed R-2 (Residential - up to two unit units per acre) is compatible with
the R-2-P (Residential PUD) zoning district and land uses to the west since this
site will be developed with single-family dwellings of similar character, value and
lot sizes comparable to those previously built in that area;
f. The proposed R-2 (Residential- up to two unit units per acre) is compatible with
Eagle Road and the A-R (Agricultural-Residential) zoning district to the east since
this site will be required to install a landscape buffer along Eagle Road to mitigate
traffic noise and since the parcel east of Eagle Road has been approved to be
developed with single-family dwellings of similar character, value and lot sizes as
those proposed on the subject site;
g. While a portion of 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; and
h. No non-conforming uses are expected to be created with this rezone since none
are apparent on the site.
DATED this 7th day of December 2004.
CITY COUNCil..
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharon'X. Bergmann, Eagle City lerk
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