Findings - PZ - 2005 - A-11-05/RZ-15-05 - A/Rz From Rut To Re/5 Acre/3664 Tabasco Trail
ORIGINAL
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-E )
(RESIDENTIAL ESTATES) FOR DUSTIN SIMPSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-ll-05/RZ-15-05
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on September 19, 2005. The Eagle Planning and Zoning
Commission having heard and taken oral and written testimony, and duly considered the matter, makes the
following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Dustin Simpson, represented by Angela Cornish and Doug Bergey with Associated Land
Surveyors, is requesting annexation and rezone from RUT (Rural Urban Transition) to R-E
(Residential Estates). The 5-acre site is located on Tabasco Trail approximately 800-feet east
of Park Lane at 3664 Tabasco Trail.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 11, 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 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. Requests for agencies' reviews were transmitted on August 18, 2005, in accordance
with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 13, 2000, the Eagle City Council approved a final plat application (00-04-S/99-
l4-PR) located within the Eagle Area of Impact for Tabasco Subdivision.
E. COMPANION APPLICATIONS: PP/FP-04-05 (Esperanza Estates Subdivision)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT (Residential- Ada Residence
County designation)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Two RUT (Residential- Ada Pasture
County designation)
South of site Residential Two RUT (Residential- Ada Residence
County designation)
East of site Residential Two R-E (Residential) Residence
West of site Residential Two RUT and Rl (Residential- Residence
Ada County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. TOTAL ACREAGE OF SITE: 5-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See the applicant's justification letter, date stamped by the City on August 10, 2005, attached
to the staff report and 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:
Letters from the Eagle Fire Department and Idaho Power state they have no objection to the
proposed rezone and annexation. The letter from the Eagle Sewer District states that the
District has not annexed this property and central sewer service is currently not reasonably
accessible. No comments from 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.
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:
Central District Health Department
Department of Environmental Quality
Idaho Power Company
O. LETTERS FROM THE PUBLIC: None received to date.
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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
. 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.
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:
. The Eagle Fire Department's letter of August 29, 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
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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-E 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-E zone (one unit per two acres maximum) is compatible with the R-E
zone (Residential Estates designation) land use to the east;
d. The proposed R-E zone (one unit per two acres maximum) is compatible with the
RUT zone (Rural Urban Transition - Ada County designation) and Rl (Residential -
Ada County designation) land use to the west;
e. The proposed R-E zone (one unit per two acres maximum) is compatible with the
RUT zone (Rural Urban Transition - Ada County designation) land use to the north;
f. The proposed R-E zone (one unit per two acres 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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 19, 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 (Marks absent) to recommend approval of A-ll-05/RZ-15-05 for an
annexation and rezone from RUT (Rural Urban Transitional) to R-E (Residential Estates) for
Dustin Simpson.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 11, 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 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. Requests for agencies' reviews
were transmitted on August 18, 2005 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-ll-05 and RZ-15-05) 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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designations R-E (Residential Estates) 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-E zone (one unit per two acres maximum) is compatible with the R-E
zone (Residential Estates designation) land use to the east;
d. The proposed R-E zone (one unit per two acres maximum) is compatible with the
RUT zone (Rural Urban Transition - Ada County designation) and Rl (Residential -
Ada County designation) land use to the west;
e. The proposed R-E zone (one unit per two acres maximum) is compatible with the
RUT zone (Rural Urban Transition - Ada County designation) land use to the north;
f. The proposed R-E zone (one unit per two acres 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.
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DATED this 3rd day of October 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
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ATTEST:
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----Sharon K. Bergmann, Eagle City Clerk
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