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Findings - PZ - 2005 - A-2-05 & RZ-4-05 - A/Rz From Rut, R4 & R-E To Ar And R3/26.66 Acre/655 Park Lane ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ANNEXATION AND REZONE FROM RUT (RURAL URBAN TRANSITION), R4 (RESIDENTIAL) AND R-E (RESIDENTIAL - ESTATES) TOA-R (AGRICULTURAL- RESIDENTIAL) AND R-3 (RESIDENTIAL) FOR GOLD CREEK DEVELOPERS LLC ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-2-05 & RZ-4-05 The above-entitled rezone upon annexation application came before the Eagle Planning and Zoning Commission for their recommendation on May 2, 2005. 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: Goldcreek Developers, LLC represented by The Land Group Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition) and R4 (Residential) & R-E (Residential- Estates) to A-R (Agricultural-Residential) and R-3 (Residential up to three units per acre). The 26.66-acre site is located approximately 1,700 feet south of Floating Feather Road and west of Park Lane at 655 Park Lane. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on February 24,2005. 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 April 11, 2005. 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 8, 2005. Requests for agencies' reviews were transmitted on April 8, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 30, 2003, Ada County approved Senora Creek Subdivision, which included a portion of this site (zoned R4). E. COMPANION APPLICATIONS: PP-4-05 (Eagle Creek Subdivision) Page 1 of 5 K:IPlanning DeptlEagle ApplicationsIRZ&AI2005\A-2-05 & RZ-O4-05 pzrdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Three - Park RUT & R4 (Residential- Agriculture Lane Planning Area Ada County designation) & R-E (Residential) Proposed No Change R-3 (Residential) & A-R Residential Subdivision Agricul tural- Residential North of site Residential Three - Park R-E (Residential) & R-2-DA Single-family dwellings Lane Planning Area (Residential with a Development Agreement) South of site Residential Three - Park R-E (Residential) Residential & Pasture Lane Planning Area East of site Public/Semi-Public Public/Semi-Public Eagle High School West ofsite Residential Three - Park R4(Residential- Ada County Single-family dwellings Lane Planning Area designation) Senora Creek Subdivision No.1 G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 26.66-acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See attached justification letter dated February 24, 2005, provided by the applicant's representative. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): N/A K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Preliminary approval letters (with conditions) from the Eagle Fire Department, the Eagle Sewer District, and United Water have been received. The Eagle Sewer District states that it will be necessary for the applicant to petition to annex a portion of the subject property into the sewer district for sewage disposal prior to development of the site. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. NON-CONFORMING USES: None are apparent on the site. N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Page 2 of 5 K:IPlanning DeptlEagle ApplicationsIRZ&A\20051A-2-05 & RZ-04-05 pzfdoc Ada County Highway District Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Joint School District No.2 United Water O. LETTERS FROM THE PUBLIC: None received to date ST AFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF REGARDING THIS PROPOSAL: SPECIAL CONCERN . The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates this site as Residential Three, suitable primarily for single-family residential development within an urbanized setting. Residential density of up to three dwelling units per acre may be considered by the City for this area. The "Soaring 2025", Western Area Plan also designates this area as being in the Park Lane Planning Area. Chapter 4 Schools, Public Services and Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population come the need for increased public services and the necessity to improve existing service delivery systems. Policies concerning the manner in which public utilities and services are expanded play an important role in the location and intensity of future housing, commercial and industrial development. Since the City of Eagle depends on outside providers, it must be involved in any plans that will affect the community. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None C. DISCUSSION: . The Eagle Sewer District has indicated that a portion of the property has not been annexed into the District. The area lying outside of the District's boundaries wi II need to be annexed by the District prior to the City approving the rezone ordinance for the site. STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the requested rezone upon annexation as noted within the staff report. Page 3 of 5 K:IPlanning DeptlEagle ApplicationsIRZ&AI2005\A-2-05 & RZ-O4-05 pz(doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 2, 2005, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one COMMISSION DECISION: The Commission voted 4 to 0 (Lien abstained) to recommend approval of A-2-05 & RZ-4-05 for a rezone upon annexation from RUT (Rural Urban Transition - Ada County designation), R4 (Residential- Ada County Designation) and R-E (Residential-Estates) to A-R (Agricultural- Residential) and R-3 (Residential) for Gold Creek Developers LLc. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on February 24, 2005. 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 April 11, 2005. 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 8, 2005. Requests for agencies' reviews were transmitted on April 8, 2005, 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-2-05 & RZ-4-05) 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 A-R (Agricultural-Residential) and R-3 (three units per acre maximum) is equal to and less than three 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 expected to be provided, to serve single-family dwelling units on this property under the proposed zone; c. The proposed A-R (Agricultural-Residential) and R-3 zone (three units per acre maximum) is compatible with the R-E (Residential Estates) zone to the south since that site is currently an agricultural use and is anticipated to develop with similar residential densities as it is shown at three or fewer dwelling units per acre per the Comprehensive Plan Land Use Map; d. The proposed A-R (Agricultural-Residential) and R-3 zone (three units per acre maximum) is compatible with the R4 (Residential four units per acre) zone to the west since that site has been previously approved with similar residential densities by Ada County; Page 4 of 5 K\Planning Dept\Eagle Applications\RZ&A\2005\A-2-05 & RZ-04-05 pzfdoc e. The proposed A-R (Agricultural-Residential) and R-3 zone (three units per acre maximum) is compatible with the PS (Public/Semi-Public) zone to the east since that site is currently the Eagle High School; f. The proposed A-R (Agricultural-Residential) and R-3 zone (three units per acre maximum) is compatible with the R-E and RUT zoning designations and existing lots to the north; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; DATED this 16th day of May 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE \1\~a Idaho ATTEST: J..D-, (0.4--<' :::K (¿ 0 ~ ¿-/ Sharon K. Bergmann, Eagle City lerk Page 5 of 5 KIPlanning DepllEagle Applications\RZ&AI20051A-2-05 & RZ-O4-05 pzf.doc