Findings - PZ - 2004 - A-9-04 & RZ-14-04 - A/Rz From Rut To A And Re/Loch Lomond Subd No 2/20.74 Acre/1681 N.Park Ln.
ORiG!i\JAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
ANNEXATION AND REZONE FROM RUT (RURAL
URBAN TRANSITION) TO A (AGRICULTURAL)
AND R-E (RESIDENTIAL-ESTATES)
FOR MARK AND LINDA BUTLER
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-9-04 & RZ-14-04
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on December 20, 2004. 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:
Mark and Linda Butler, represented by Land Consultants, Inc., is requesting an annexation
and rezone from RUT (Rural Urban Transition) to A (Agricultural) and R-E (Residential-
Estates - up to one dwelling unit per two acres) for Loch Lomond Subdivision No.2. The
20.74-acre site is located west of Park Lane, approximately 600-feet north of Floating
Feather at 1681 North Park Lane,
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 4, 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 November 29, 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 November 24, 2004. Requests for agencies' reviews were transmitted on
November 10, 2004, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 24, 2002, the Eagle City Council recommended to Ada County to deny
Loch Lomond Subdivision No.1. The 4-lot (3-buildable, I-open space) subdivision did
not provide for a pathway within the Chevron Pipeline easement (as delineated on the
2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2)
nor a plan for a public road. Further, the lot sizes did not meet the minimum required for a
one-unit per two acre development (which is the corresponding 2000 Eagle
Comprehensive Plan land use designation), and to allow 1.25-acre sized lots to be served
with individual septic systems did not meet the desired objectives for development in the
subject area.
E,
COMPANION APPLICATIONS: PP/FP-5-04 (Combined preliminary plat and final plat for Loch
Lomond Subdivision No.2)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential Two (up to RUT (Residential - Ada ResidencelPasture
two units per acre max,) County Designation)
Proposed No Change A (Agricultural) & R-E Residential subdivision
(Residential-Estates)
North of site Residential Two (up to RUT (Residential- Ada ResidencelPasture
two units per acre max.) County Designation)
South of site Residential Two (up to RUT (Residential- Ada ResidencelPasture
two units per acre max.) County Designation)
East of site Residential Two (up to RUT (Residential- Ada ResidencelPasture
two units per acre max.) County Designation)
West of site Residential Two (up to RUT (Residential- Ada ResidencelPasture
two units per acre max.) County Designation
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, IDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 20.74-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter date stamped by the City of Eagle on November 4, 2004, and
provided by the applicant is incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): Not applicable
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Letters from the Eagle Fire Department and Idaho Power state they have no objection to
the proposed rezone. The Eagle Sewer District states that the District currently does not
have a central sewer system in the area and that individual septic systems will need to be
utilized on the site.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES: None apparent on the site.
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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
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Power
O.
LETTERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Estates"; suitable
primarily for single family residential development within areas that are rural in character.
Chapter 6 - Land Use
6.5
Goal
To preserve the rural transitional identity.
6.7
Implementation Strategies
J.
Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development.
The Idaho Right To Farm Act should be promoted.
B.
ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL: None
c.
DISCUSSION:
.
Staff believes that an R-E (Residential-Estates) zoning designation for this site is appropriate
since the zoning designation is less intensive than the Residential Two designation shown on
the City of Eagle 2000 Comprehensive Plan Land Use Plan, In addition, there are sites in the
general vicinity to the north and the east that have been developed with residential uses on
building lots that are similar in size and compatible to the development proposed with this
application. While the properties to the south and west are anticipated to develop with higher
densities (up to two units per acre as shown in the City of Eagle 2000 Comprehensive Plan),
staff believes that those sites have the ability to be developed with transitional lot sizes or open
space to mitigate concerns of building lot compatibility.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone upon annexation.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 20, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicant/representative) who spoke about giving his consent to annex a
portion of his parcel (to the south of this site) to aid the applicant in the development of the subject
site, and that he did not want his entire parcel to be annexed due to a possible increase in property
taxes.
COMMISSION DECISION:
The Commission voted 3 to 0 (Marks absent) to recommend approval of A-9-04 & RZ-14-04
for a rezone upon annexation from RUT (Rural Urban Transition - Ada County designation)
to A (Agricultural) and R-E (Residential-Estates - up to one dwelling unit per two acres).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 4, 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 November 29, 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 November 24,2004. Requests for agencies'
reviews were transmitted on November 10, 2004, in accordance with the requirements of the Eagle
City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-9-04 & RZ-14-04) 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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of A (Agricultural) and R-E (Residential-
Estates) is in accordance with the Comprehensive Plan and established goals and
objectives because the A zoning district facilitates the future connection of a
public pathway within Cavallo Estates to the southeast with the pathway to be
constructed within the subject development. The R-E zoning district is
considered less intensive than the two units per acre designation shown on the
Comprehensive Plan and the size of the lots (1.8-acres minimum) is consistent
with existing lot sizes in the vicinity as well as compatible with the rural character
of the area;
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 a single-family residential development on this
property under the proposed zone;
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c, The proposed zoning designation of A (Agricultural) and R-E (Residential-
Estates) is compatible with the RUT (Rural Urban Transition - Ada County
designation) zones to the south and west since this site will be developed with less
density than those properties which are anticipated to be developed at up to two
units per acre in accordance with the Residential Two designation as shown on the
Comprehensive Plan land use map;
d. The proposed zoning designation of A (Agricultural) and R-E (Residential-
Estates) is compatible with Park Lane and the RUT (Rural Urban Transition -
Ada County designation) zone to the east since the developer of this site has
previously installed a landscape buffer adjacent to Park Lane to mitigate the
effects of roadway noise upon the site as well as to provide a transition to the
smaller lots that are anticipated to be developed at up to two units per acre in
accordance with the Residential Two designation as shown on the Comprehensive
Plan land use map on the east side of Park Lane;
e, The proposed zoning designation of A (Agricultural) and R-E (Residential-
Estates) is compatible with the RUT (Rural Urban Transition - Ada County
designation) zone to the north since this site will be developed with less than or
equal density to those properties because that site is currently divided into parcels
that may be considered not conducive to further division without the combining of
multiple properties, at which point in time those properties may develop at up to
two units per acre in accordance with the Residential Two designation as shown
on the Comprehensive Plan land use map; and
f. The land proposed for rezone 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 rezone since none
are apparent on the property.
DATED this 18th day of January 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada ty, Idaho
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