Findings - PZ - 2005 - A-4-05 & RZ-6-05 - A/Rz From Rut To Re/6.49 Acre/1963 W. Beacon Light Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
ANNEXA TION AND REZONE FROM RUT (RURAL )
URBAN TRANSITION) TO R-E (RESIDENTIAL )
EST A TES) FOR LYNN AND GAYLE MCKEE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-4-0S & RZ-6-0S
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on June 20, 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:
Lynn and Gayle McKee are requesting an annexation and rezone from RUT (Rural Urban
Transition) to R-E (Residential Estates). The 6.49-acre site is located at 1963 W. Beacon
Light Road at the southeast Comer of Beacon Light Road and Ballantyne Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 29, 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 May 16, 2005 the 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 May 9,
2005. Requests for agencies' reviews were transmitted on AprilS, 2005, in accordance
with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: N/A
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Estates RUT (Residential - Ada Single Family
County designation) Residen tiall Agricu lture
Proposed No Change R-E(Residential Estates) Same
North of site Residential Rural RUT (Residential- Ada Single Family
County designation) Residential/Agriculture
South of site Residential Estates R-E(Residential Estates) Single Family
Residen tiall Agricu ltu re
East of site Residential Estates RUT (Residential - Ada Single Family Residential
County designation)
West of site Residential Estates RUT (Residential- Ada Single Family
County designation) Residentiall Agriculture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOT AL ACREAGE OF SITE: 6.49-acres
I. APPLICANT' S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated March 29, 2005 provided by the applicant.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/A
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site does not require the extension of sewer or water. It is outside of the Eagle Water
Service Planning area and is in excess on 2 acres so would be eligible to request individual
well and septic.
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:
Ada County Highway District
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
United Water
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O. LETTERS FROM THE PUBLIC: None received to date
ST AFF 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 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 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.
4.3 Goal
c. Maintain a sense of personal safety and security for all residents.
d. Strive to prevent and extinguish fires and aid in other emergencies dealing
with the protection of life or property.
4.4 Objectives
d. To encourage a high standard of fire protection and emergency services
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 pennitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be encouraged.
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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.
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: None
C. DISCUSSION:
. The proposed annexation and rezone are to facilitate a future lot split. Though the
existing parcel is eligible for the lot split staff has concerns about the ability to achieve
the appropriate streetscape along Beacon Light Road and Ballantyne Road, including
but not limited to right-of-way dedication, sidewalks, and berming, that help identify
these areas as part of the City if Eagle.
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 June 20,
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 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 no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-4-05 and RZ-6-05 for a rezone
upon annexation from RUT (Rural Urban Transition - Ada County designation) to R-E
(Residential Estates) for Lynn and Gayle McKee.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 29, 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 May 16, 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 May 9, 2005. Requests for agencies' reviews were
transmitted on AprilS, 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-4-05 and RZ-6-05) 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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-E (Residential Estates - 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;
c. The proposed zoning designation of R-E (Residential Estates - one unit per two-
acres maximum) is compatible with R-E zoning designation (Residential Estates -
one unit per two-acres maximum) and lands uses to the south;
d. The proposed zoning designation of R-E (Residential Estates - one unit per two-
acres maximum) is compatible with the RUT (Ada County designation) zone and
land uses to the east and west since those sites are currently residences and may be
developed at one or fewer dwelling units per two-acres as designated on the
Comprehensive Land Use Map;
e. The proposed zoning designation of R-E (Residential Estates - one unit per two-
acres maximum) is compatible with the north since this development will provide
a transition to the larger lots located on the north side of Beacon Light Road;
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.
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DATED this 5th day of July 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
PhilliP~an
/Pd-
ATTEST:
1R G--\--<-L-1t- f6~~
Sharon K. Bergmann, Eagle City Clerk
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