Findings - PZ - 2004 - A-1-04 & RZ-1-04 - A/Rz From Rut To Re/Tanglerose Subd/24.10 Acre
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE FROM )
RUT (RURAL URBAN TRANSITION) TO )
R-E (RESIDENTIAL-ESTATES) FOR )
GEORGE CRANDLEMIRE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-I-04 & RZ.I-04
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on April 19, 2004, at which time public testimony was taken and the public hearing was
continued to June 14, 2004. 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:
George Crandlemire, represented by Tealey's Land Surveying, is requesting rezone upon
annexation from RUT (Rural Urban Transition) to R-E (Residential-Estates - up to one
dwelling unit per two acres), for Tanglerose Subdivision. The 24.IO-acre development is
located on the south side of Beacon Light Road, approximately 1600 feet west of North
Eagle Road.
R APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 5, 2004.
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 February 24, 2004. 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 February 19,2004. Request:; for agencies' reviews were transmitted on February
10, 2004, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E. COMPANION APPLICATIONS: PP-I-04 (Tanglerose Subdivision)
Page 10f6
K:\PllIJlJling Dept\EDgle Applicalioll5\RZ&A\2004\A.Ol-04 & RZ-Ol-Q4 pzf.Joc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA nON
Existing Residential Estates (up to RUT (Residential- Ada Single-family
one unit per two acres County designation) dwelling/pasture
maximum)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Rural (up to RUT (Residential- Ada Single-family
one unit per five acres County designation) dwelling/pasture
maximum)
South of site Residential Estates (up to R-E (Residential) Ranch Estates Subdivision
one unit per two acres
maximum)
East of site Residential Estates (up to RUT (Residential- Ada Thomwood Estates
one unit per two acres County designation) Subdivision
maximum)
West ofsite Residential Estates (up to RUT & Rl (Residential- Anacortes Subdivision &
one unit per two acres Ada County designation) Ptarmigan Subdivision
maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H. TOTAL ACREAGE OF SITE: 24.IO-acres
1. APPLICANT' S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The letter dated February 5, 2004, provided by the applicant's representative IS
incorporated herein by reference.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): Not applicable
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A letter from the Eagle Fire Department recommends approval of the annexation
and rezone, but!!!!! the preliminary plat since central water is not available to the
site to enable the instaUation and use of fire hydrants. The Eagle Sewer District states
the subject property is not annexed into the district and that it will be necessary for the
development to employ on-site sewage disposal. The Central District Health Department
states more information, including a full engineering report, will be needed before
comment can be made on the proposal, The City will require an approval letter the CDHD
regarding septic systems, prior to the City signing the final plat.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES: None apparent on site.
Page 2 of6
K:\P1wming Dept\Eag1e Applications\RZ&A\2004\A-Ol-04 & RZ-Ol-04 pzf.doc
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company
Joint School District No.2
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.
Page:; of6
K:\Planning Depllliagle Applicatioll5\RZ&A\2004\A-Ol-04 & RZ-Ql-Q4 pzf.doc
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 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 l2S-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
Co DISCUSSION:
. The Eagle Fire Department's letter of February 12, 2004, states that the Department
recommends approval of the requested annexation and rezone.
STAFF RECOMMENDA nON 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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
19, 2004, at which time testimony was taken and the public hearing was continued to June 14, 2004.
The Commission made their recommendation at that time.
Page 4 of 6
K\Planning Dept\E~k Applicarjous\RZ&A\2004\A-Ol-04 & RZ..()I-04 pzrdoc
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals who felt that the development of the property in comparison to the larger area in
the vicinity was "piecemeal", the entire area surrounding this development should be annexed, the
need of the developer to be better prepared with regard to having no approvals from Central District
Health and the Eagle Fire Department, the development was not creatively designed, there is a need to
look at connectivity, and the need to consider the effects of increased traffic on the roadways.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
D. Oral testimony neither opposed to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (1) individual who felt the issue of fire protection could be satisfied with
greater separation between the structures and well-maintained landscaping.
COMMISSION DECISION:
The Commission voted 3 to 0 (Crook, Deckers absent) to recommend approval of A-I-04 & RZ-l-
04 for a rezone upon annexation from RUT (Rural Urban Transition - Ada County designation) to
R-E (Residential-Estates) for George Crandlemire.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 5, 2004.
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 February 24, 2004. 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 February 19, 2004. Requests for agencies' reviews
were transmitted on February 10, 2004, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular factc and circumstances of this proposed rezone upon
annexation (A-I-04 & RZ-I-04) 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 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. This information does not include the provision of
individual wells and individual septic systems; Central District Health Department
approval of these systems will be required. Approval from the Eagle Fire
Department will be required prior to the approval of any development upon the
property;
c. The proposed R-E zone (Residential-Estates - one unit per two-acres maximum) is
compatible with the R-E zoning designation (Residential-Estates - one unit per
two-acres maximum) and land uses to the south and east;
Page 5 of6
K:\Planning Dept\EagJe Applications\RZ&A\2004\A-OI-04 & RZ-OI-04 pzf.doc
d. The proposed R-E zone (Residential-Estates - one unit per two-acres maximum) is
compatible with the RUT (Ada County designation) zone and land uses to the
west since those sites are currently residences and may be developed at a denity
equal to one dwelling unit per two-acres as designated on the Comprehensive Plan
Land Use Map;
e. The proposed R-E zone (Residential-Estates - one unit per two-acres maximum) is
compatible with Beacon Light Road and the RUT (Ada County designation) zone
and land uses to the north since this development will be required to install a
landscape buffer adjacent to Beacon Light Road to mitigate the effects of roadway
noise upon the site as well as to 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.
DATED this 6th day of July 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
"
f:~
Phillip J. Bandy, Chairman
I
, 0 I
L/, ~. ( 'I--I--
ATTEST:
U(l---\-lQ '?-- ~~~~
Sharon k. Bergmann, Eagle City Clerk
""lUl,..,.",
...... OF E A'"
.... ... "0"
.... r:;~ ...... ~.A'...
!lli ~..... -. V. fII!:
I c; ~t'OR4/... '\
. c? ~. ~
: . \.=
: * \ ~..-. . :
. -- .
\ .~ SEAL~':o =
.. -.(\0 ~ .- ~
~~~..!POR>-~;.. ~..:-
"'#. ~~ ....... ~..
..,'.... I'E OF \\) .....
"'1'"'11'''''''
Page 6 of 6
K:\Planning Dept\Eag1e Applicat}ons\RZ&A\2004\A~Ol-04 & RZ-OI-Q4 pzflkx: