Findings - PZ - 2005 - A-07-05 &777 RZ-11-05 - A/Rz From Rut To R1/70.56 Acre Site/Nec Meridian Rd/Chinden
ORJGJNAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE FROM )
RUT (RURAL URBAN TRANSITION) TO R-l )
(RESIDNETIAL ONE UNIT PER ACRE) )
FOR CAPITAL DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-07 & RZ-ll-05
The above-entitled rezone upon annexation application came before the Eagle Planning and Zoning
Commission for their recommendation on July 18, 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:
Capital Development is requesting annexation and rezone from RUT (Rural Urban
Transition) to R-l (Residential one unit per acre). The 70.56-acre site is located on the
northeast comer of Meridian Road and Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 7, 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 July 1, 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 July 1,2005. Requests for agencies' reviews were transmitted on June 10,2005,
in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: PP-lQ-05 (Castlebury West Subdivision)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONiNG MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (1-unit per RUT (Rural Urban Agriculture
acre maximum) Transition-Ada County
Designation)
Proposed No Change R-l (Residential) Residential
North of site Residential Estates (I-unit Residential Estates (I-unit Residential
per 2-acres maximum) per 2-acres maximum)
South of site Not in City of Eagle Area RUT (Rural Urban Residential/Agriculture
of Impact Transition-Ada County
Designation)
East of site Residential One (I-unit per R-l (Residential) Residential
acre maximum)
West of site Residential Transition (1- RUT (Rural Urban Agriculture/Residential
unit per acre maximum) Transition-Ada County
Designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. TOTAL ACREAGE OF SITE: 70.56-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
Applicant's justification letter dated June 7, 2005, has been submitted and is attached to
the staff report and is included herein by reference.
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 Sewer District and Idaho Power state they have no objection to the
proposed rezone and annexation. No comments from the Ada County Highway District,
Eagle Fire Department or United 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.
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N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
Chevron Texaco
Division of Environmental Quality
Eagle Sewer District
Idaho Power Company
Idaho Transportation Department
Meridian Joint School 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 One, suitable
primarily for single-family residential development within areas that are rural in character.
Residential density of up to one dwelling unit per acre 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
8.3.0 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle Transportation/Pathway Network Maps # 1 and #2 illustrates the
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various classifications and locations which are included in the pathway system
and described as follows:
8.3.1 Paths
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.
8.6 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 (one dwelling unit per two acres maximum).
Such designs should include the following:
1. Vertical Curbs should not be permitted, 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 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.
Chapter 9 Parks, Recreation and Open Space
9.5 Pathways and Greenbelts
Pathways are non-motorized multi-use paths that are separate features from
bicycle and pedestrian lanes constructed as a part of a roadway.
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9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of transportation.
e. All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
C. DISCUSSION:
· The site was annexed to the Eagle Sewer District on June 13,2005.
. No comments have been received from the Eagle Fire District or United Water.
· 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-l is equal to or less than the Residential One
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 any and all uses allowed on this property under the
proposed zone;
c. The proposed R-l zone (one unit per acre maximum) is compatible with the R-l zone
(Residential One) land use to the east;
d. The proposed R-l zone (one unit per acre maximum) is compatible with the RUT
zone (Rural Urban Transition - Ada County designation) land use to the west;
e. The proposed R-l zone (one unit per acre maximum) is compatible with the R-E zone
(Residential Estates designation) land use to the north;
f. The proposed R-l zone (one unit 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-conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone.
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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 July 18,
2005. Testimony was taken, the public hearing was closed, and the Commission made their
recommendation at that time.
B. Oral testimony in opposition to the application was presented by one individual requesting
compatibility with the 5 acre lots in River Heights Subdivision to the north of the site.
C. Oral testimony in favor of the application was presented by no one (not including the
app lican t/representati ve).
COMMISSION DECISION:
The Commission voted 3 to 0 (Lien and Marks absent) to recommend approval of A-07-05 &RZ-
11-05 for a rezone upon annexation from RUT to R-l for Capital Development.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle June 7,2005.
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 July 1,2005. 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 July 1, 2005. Requests for agencies' reviews were
transmitted on June 10, 2005, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-ll-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 designations R-l is equal to or less than the Residential One
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 any and all uses allowed on this property under the
proposed zone;
c. The proposed R-l zone (one unit per acre maximum) is compatible with the R-l zone
(Residential One) land use to the east;
d. The proposed R-l zone (one unit per acre maximum) is compatible with the RUT
zone (Rural Urban Transition - Ada County designation) land use to the west;
e. The proposed R-l zone (one unit per acre maximum) is compatible with the R-E
zone (Residential Estates designation) land use to the north;
f. The proposed R-l zone (one unit per acre maximum) is compatible with the RUT
zone (Rural Urban Transition - Ada County designation) land use to the south;
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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-conforming uses are expected to be created with this rezone.
DATED this 1st day of August 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ad , Idaho
ATTEST:
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