Findings - PZ - 2005 - A-3-05 & RZ-5-05 - A/Rz From Rut To R2/14.6 Acre/1835 Park Lane
E.
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICA nON FOR
ANNEXA TION AND REZONE FROM RUT (RURAL
URBAN TRANSITION) TO R-2 (RESIDENTIAL TWO
UP TO TWO UNITS PER ACRE) FOR CHAD MOFFAT
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-3-05 & RZ-5-05
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on July 5,2005. 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:
Chad Moffat represented by Roylance & Associates, is requesting an annexation and
rezone from RUT (Rural Urban Transition) to R-2 (Residential up to 2 units per acre) for
Moffat Subdivision. The 14.6-acre is located on the west side of Park Lane approximately
one-half mile north of Floating Feather Road at 1835 Park Lane.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 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 18, 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 12, 2005. Requests for agencies' reviews were transmitted on March 25,
2005, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: PP-06-05 (Moffat Subdivision)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNA TION
Existing Residential Two RUT (Residential- Ada Vacant
County designation)
Proposed No Change R-2 (Residential) Residential Subdivision
North of site Residential Two RUT (Residential- Ada ResidencelPasture
County designation)
South of site Residential Two RUT (Residential- Ada ResidencelPasture
County designation)
East of site Residential Two RUT (Residential- Ada Pasture
County designation)
West of site Residential Two RUT (Residential- Ada Pasture
County designation)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 14.65-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated March 24. 2005 and June 13, 2005, provided by the
applicant's representative.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/A
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 and annexation. The letter from the Eagle Sewer District states that
the District currently does not have a central sewer system in the area. However, the
District is currently updating their central sewer master plan for the western region which
should be finished by August 2005. In addition, an extension of their central sewer
system to the comer of Park Lane and Floating Feather Road to provide central sewer to a
new LDS Church is being proposed. No comments from Unite Water Company have
been received to date.
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:
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Ada County Highway District
Central District Health
Chevron Texaco
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
Meridian Joint School District No.2
Ringert Clark (Drainage District No.2)
O.
LETTERS FROM THE PUBLIC: None received to date.
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.
Residential density of up to two dwelling unit per acre may be considered by the City for this
area.
Chapter 4
4.1
4.3
4.4
Chapter 8
8.3.0
8.3.1
Schools, Public Services and Utilities
Background
Public utilities, facilities, and services me 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.
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.
Objectives
d. To encourage a high standard of fire protection and emergency services
Transportation
City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle TransportationlPathway Network Maps # 1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
Paths
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8.6
Location:
Paths could be located on corridors separated from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
Implementation Strategies
r. Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connection roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
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 (olle 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.
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 are 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 detennined 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.
.
SOARING 2025 WESTERN AREA PLAN PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter 5
5.3
Transportation
Implementation Strategies
i. New developments shall be required to stub access to adjacent underdeveloped
parcels, where appropriate.
j. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
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B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
c.
DISCUSSION:
. Currently this site is not annexed into the Eagle Sewer Districts central sewer service.
However, the Eagle Sewer District is currently updating the central sewer master plan for the
western region area that the District anticipates being completed by August 2005, which
would incorporate this area. The District is currently reviewing the construction plans for a
development located at the southwest comer of Park Lane and Floating Feather Road which
would extend the sewer service from Park Lane and East State Street to Park Lane and
Floating Feather Road.
The Eagle Fire Department's letter of April 25, 2005, states that the Department recommends
approval of the annexation and rezone.
.
.
With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided to staff to date, staff believes that the proposed rezone is
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designations R-2 is equal to or less than the Residential Two
shown on the Comprehensive Plan Land Use Map;
b. The infonnation 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 any and all uses allowed on this property under the
proposed zone;
c. The proposed R-2 zone (two units per acre maximum) is compatible with the RUT
zone (Rural Urban Transition - Ada County designation) land use to the east;
d. The proposed R-2 zone (two units per acre maximum) is compatible with the RUT
zone (Rural Urban Transition - Ada County designation) land use to the west;
e. The proposed R-2 zone (two units per acre maximum) is compatible with the RUT
zone (Rural Urban Transition - Ada County designation) land use to the north;
f.
The proposed R-2 zone (two units per acre maximum) is compatible with the RUT
zone (Rural Urban Transition - Ada County designation) land use to the south;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
h. No non-confonning uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the infonnation provided to staff to date, staff recommends approval of the requested
annexation and rezone upon annexation into the Eagle Sewer District central sewer service area.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 5,
2005, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
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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 4 to 0 (Bandy absent) to recommend approval of A-3-05 and RZ-5-05 for a
rezone upon annexation from RUT (Rural Urban Transition - Ada County designation) to R-2
(Residential Two - up to two units per acre) for Chad Moffat.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 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 18, 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 12, 2005. Requests for agencies' reviews were
transmitted on March 25, 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-3-05 and RZ-5-05) 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-2 (Residential Two - two units per acre) is
equal to the two units per acre maximum as shown on the Comprehensive Plan
Land Use Map;
b. The infonnation 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-2 (Residential Two - two units per acre) 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-2 (Residential Two - two units per acre) is
compatible with the RUT (Ada County designation) zone and land uses to the
north, east, and west since those sites are currently undeveloped and may be
developed at two or fewer dwelling units per acre as designated on the
Comprehensive Land Use Map;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan; and
f. 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 18th day of July 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
~a;;;hO
Phitlip J. Bandy1!::)
ATTEST:
~~~. ¥- ~~
Sharon K. Bergmann, Eagle City lerk
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