Findings - CC - 2005 - A-2-05/RZ-4-05 - Annex/Rz From Rut&R4&Re To Ar And R3/26.66 Acres/655 Park Ln
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
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-Z-OS & RZ-4-0S
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on June 28, 2005. 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:
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.
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 May 23, 2005. Notice of this public hearing was mailed to property owners
within three-hundred feet OOO-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 8, 2005.
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)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONIl'>G 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
Agricullural-Residen tial
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 of site 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:
Applicant's justification letter dated, February 24, 2005, is attached to the staff report and
is incorporated herein by reference.
J. APPLICANTS STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/A
K. A V AILABILITY 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. The letters are
attached to the staff report and are incorporated herein by reference.
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 to the staff
report. Comments, which appear to be of special concern, are noted below:
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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
Agricultural-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 of site 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:
Applicant's justification letter dated, February 24, 2005, is attached to the staff report and
is incorporated herein by reference.
J. APPLICANTS STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/A
K. A V AILABILITY 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. The letters are
attached to the staff report and are incorporated herein by reference.
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 to the staff
report. Comments, which appear to be of special concern, are noted below:
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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
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 (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 will need to be annexed by the
District prior to the City approving the rezone ordinance for the site.
STAFF RECOMMENDATION PROVIDED WITHIN 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.
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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 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.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 28, 2005, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicantlrepresentati ve).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek absent) to approve A-2-05 & RZ-4-05 for an annexation and
rezone 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.
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 May 23, 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
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City Code on June 8, 2005.
3. The Council 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;
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 12th day of July 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
~unty, Idaho Ii:
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ATTEST:
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