Findings - CC - 2004 - A-02-04/RZ-2-04 - Annex/Rezone From Rut To Re For Pony Subd No 2/21.55 Acre/11 Lot
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BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE FROM )
RUT (RURAL URBAN TRANSITION) TO )
R-E (RESIDENTIAL-ESTATES) FOR )
E. THOMAS & CONNIE JONES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2-04 & RZ-2-04
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on July 27, 2004, and the item was continued to August 10, 2004. 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:
E. Thomas & Connie Jones, represented by Tealey's Land Surveying, are requesting a
rezone upon annexation from RUT (Rural Urban Transition) to R-E (Residential-Estates -
up to one dwelling unit per two acres) for Pony Subdivision No.2. The 21.55-acre, II-lot
(9-buildable, 2-common) residential subdivision is located south of Beacon Light Road,
approximately 1500 feet east of North Ballantyne Lane.
B. 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. Requests for agencies' reviews were transmitted on February
10, 2004, 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 July 12,2004. 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 July 7, 2004.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E. COMPANION APPLICATIONS: PP-2-04 (Pony Subdivision No.2)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates (up to RUT (Residential- Ada Pony Subdivision
one unit per two acres County designation)
maximum)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Rural (up to RUT & Rl (Residential- Single-family
one unit per five acres Ada County designation) dwellings/pasture
maximum)
South of site Residential Estates (up to R-E (Residential) Academy Place Subdivision
one unit per two acres
maximum)
East of site Residential Estates (up to RUT (Residential - Ada Pony Subdivision
one unit per two acres County designation)
maximum)
West of site Residential Estates (up to RUT (Residential- Ada Single-family
one unit per two acres County designation) dwellings/pasture
maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. TOTAL ACREAGE OF SITE: 21.55-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification 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): N/A
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
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 are apparent on the site.
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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.
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 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 conceming 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
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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 tum 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 Eagle Fire Department's letter of February 12, 2004, states that the Department
recommends approval of the annexation and rezone.
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.
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.
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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 compared to the larger area in the
vicinity was "piecemeal", 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 two
(2) individuals (other than the applicant/representative) who felt the design of the subdivision was
appealing and are hopeful that the owner of this property and the properties to the north can resolve
long standing irrigation issues in an amicable manner.
COMMISSION DECISION:
The Commission voted 3 to 0 (Crook, Deckers absent) to recommend approval of A-2-04 & RZ-2-
04 for a rezone upon annexation from RUT (Rural Urban Transition - Ada County designation) to
R-E (Residential-Estates) for E. Thomas and Connie Jones.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 27, 2004, and the item
was continued to August 10, 2004, at which time testimony was taken and the public hearing was
closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representati ve).
D. Oral testimony neither opposed to nor in favor of this proposal was presented to the City Council by
one (1) individual with concerns about the effects of the development on surface water irrigation, and
the potential for a water well to go dry.
COUNCIL DECISION:
The Council voted 3 to 1 (Nordstrom against) to approve A-2-04 & RZ-2-04 for an annexation and
rezone from RUT (Rural Urban Transitional) to R-E (Residential-Estates - one dwelling unit per
two acres maximum) for E. Thomas and Connie Jones.
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.
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 July 12,2004.
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
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City Code on July 7, 2004.
3. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-2-04 & RZ-2-04) 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 septic systems since Central District Health Department approval of
these systems will be required. Individual fire protection sprinkler systems are
required to be installed in each dwelling unit prior to the issuance of a Certificate
of Occupancy, and;
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;
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
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
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 14th day of September 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Sharon K. Bergmann, Eagle City Clerk
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