Findings - CC - 2005 - A-3-05/RZ-5-05 - Annex/Rezone From Rut To R2/14.6 Acre/1835 Park Lane
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE FROM )
RUT (RURAL URBAN TRANSITION) TO )
R-2 (RESIDENTIAL) FOR CHAD MOFFAT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-3-0S & RZ-S-OS
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on September 13,2005. 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:
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). 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.
A. APPLlCA nON SUBMITTAL:
The application for this item was received by the City of Eagle on March 24, 2005.
B. 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.
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 August 29, 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 August 24,
2005.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
D. COMPANION APPLICATIONS: PP-06-05 (Moffat Subdivision)
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMP PLAN ZONING LAND USE
DESIGNATION 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)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
G. TOTAL ACREAGE OF SITE: 14.65-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter dated March 24, 2005 and June 13, 2005, provided by the
applicant's representative is attached to the staff report and is incorporated herein by
reference.
I. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/A
J. 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 annexation and rezone. 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
is scheduled to be adopted by the Sewer District Board on October 17, 2005. In addition,
an extension of their central sewer system to the corner of Park Lane and Floating Feather
Road to provide central sewer to a new LDS Church is being proposed. No comments
from United Water Company have been received to date.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON-CONFORMING USES: None are apparent on the site.
M. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report and is incorporated herein by reference. Comments which appear to be of special
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concern are noted below:
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)
N. LETTERS FROM THE PUBLIC: Numerous letters and petitions have been submitted to the City,
as noted under "Public Hearing of the Council" in Section "D below.
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 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 TransportationlPathway 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 forlocal 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 road way 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.
. 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.
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j. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
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 corner 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 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-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-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
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 5,
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 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- up to two units per acre) for Chad Moffat.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 13, 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 opposition to this proposal was presented to the City Council by ten (10) individuals
who expressed concerns about the compatibility of this development with the surrounding area and
lifestyles; the lack of buffer or transition to other developments; the impact this development will have
on the public roads and schools; and, the effects of development upon the sewer and water systems. *
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual (not
including the applicant/representative) who felt this development would compliment the surrounding
area by providing a quality development with smaller lots. *
D. Written testimony in opposition to this proposal was presented to the City Council by fifty-one (51)
individuals and sixteen (16) petitions from subdivisions in the area regarding the decrease in the
quality life and property values in the area due to increased density proposed with the rezone of this
site; and the impact that a high density subdivision would have on the public roads, schools, and the
"country" feel of this area.
*Note: 25 individuals signed the public hearing sign-up sheet (21 opposed, 4 in favor); only 11 chose to
provide oral testimony.
COUNCIL DECISION:
The Council voted 4 to 0 to deny A-3-05 & RZ-5-05 for an annexation and rezone from RUT
(Rural Urban Transition - Ada County designation) to R-2 (Residential - up to two units per acre)
for Chad Moffat. The Council agreed that the Western Area Plan (adopted September 14,2004)
designation of this site as "Residential Two" is intended as a guide and that densities under two
units per acre may be considered for the site provided, however, that consideration is given, in
part, to the compatibility of the proposed development on surrounding properties.
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
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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.
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 August 29,
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 August 24, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-3-05 & 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 annexation and rezone
are not in accordance with the goals and objectives of the City of Eagle because:
The proposed annexation and rezone are not compatible with the surrounding area as stated under
Council Decision above.
DATED this 27th day of September 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
SC~Il-~
Nancy C. Merrill, Mayor
ATTEST:
1l~<M-. -Ie i?o~_
---Sharon k Bergmann, Eagle City CI k
/
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