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Findings - PZ - 2007 - A-09-07/RZ-11-07/PP-12-07 - Rz Rut To Re-Da/Tranquil Estates Subd/3-Lot/7 Acre/2141 W Beacon Light Road ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR AN ANNEXATION AND REZONE FROM RUT TO R-E-DA AND PRELIMINARY PLAT FOR TRANQUIL ESTATES SUBDIVISION FOR GARY AND JANETTE DREW ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-09-07IRZ-ll-07 & PP-12-07 The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle Planning and Zoning Commission for their recommendation on June 18, 2007, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning 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: Gary and Janette Drew, represented by Angela Cornish, are requesting an annexation of twenty seven (27) acres, to rezone the property from RUT (Rural Urban Transition - Ada County designation) to R- E-DA (Residential, one unit per two acres with a Development Agreement) and preliminary plat approval for Tranquil Estates Subdivision, a three (3) lot, seven (7) acre subdivision (only a portion of the site is proposed for development at this time). The twenty seven (27) acre site is located on the southwest intersection of North Ballantyne Lane and West Beacon Light Road at 214\ West Beacon Light Road. STAFF RECOMMENDATION FOR THE ANNEXATION AND REZONE: Staff recommends approval of the annexation and rezone with conditions to be placed within a development agreement as provided herein (go to page 10). STAFF RECOMMENDATION FOR THE PRELIMINARY PLAT: Staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within this report (go to page 11). NOTE: The site specific conditions of approval herein are solely a recommendation of City staff. The final decision on this appfication, and any conditions to be placed on this appfication is totally subject to the City Council's determination. Page \ of \3 K:\Planning DeptlEagle Applications\SUBS\2007\Watts Tranquil Estates pzf.doc STAFF FINDINGS OF FACT: A. PROJECT SUMMARY: Gary and Janette Drew, represented by Angela Comish, are requesting an annexation of twenty seven (27) acres, to rezone the property from RUT (Rural Urban Transition - Ada County designation) to R-E-DA (Residential, one unit per two acres with a Development Agreement) and preliminary plat approval for Tranquil Estates Subdivision, a three (3) lot, seven (7) acre subdivision (only a portion of the site is proposed for development at this time). The twenty seven (27) acre site is located on the southwest intersection of North Ballantyne Lane and West Beacon Light Road at 2141 West Beacon Light Road. B. APPLlCA TlON SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, April II, 2007 at the location of the proposed development (2141 Beacon Light Road) in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on April 25, 2007. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 21, 2007. 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 May 15,2007. Requests for agencies' reviews were transmitted on May 4, 2007, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on June 7, 2007. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): The City is requesting a development agreement to ensure the development of the property is consistent with the Comprehensive plan and vision of the City of Eagle. Page 2 of 13 K:\Planning DeptlEagle Applications\SUBS\2007\Watts Tranquil Estates pzf.doc G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Estates RUT (Rural Urban Transition Single family residential, - Ada County designation) Agricultural Proposed No Change R-E-DA (Residential Estates- Single family residential up to two units per acre maximum with a development agreement) North of site Residential Rural RUT (Rural Urban Transition Single family residential, - Ada County designation) Agricultural (Buckhorn Estates No. I) South of site Residential Estates RUT (Rural Urban Transition Single family residential, - Ada County designation) Agricultural (Kensington Meadows Subdivision) East of site Residential Estates R-E (Residential Estates - up Single family residential to two units per acre (Hoffman Subdivision No. maximum) I) West of site Residential Estates RUT (Rural Urban Transition Single family residential, - Ada County designation) Agricultural (Hoffman Subdivision No.2) H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. I. SITE DATA: Total Acreage of Site - 27-acres (total to be annexed and rezoned) 7-acres (total to be platted at this time) Total Number of Lots - 3 Residential - 3 Total Number of Units - 3 Single-family - 3 Total Acreage of Any Out-Parcels - Seven (7) of the twenty seven (27) acres proposed for annexation and rezone are proposed to be developed at this time. The applicant has provided staff with a concept plan for future development of the remaining twenty (20) acres. Page 3 of \3 K:\Planning DeptlEagle Applications\SUBS\2007\Watts Tranquil Estates pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre I-unit per 2 acres I-unit per 2 acres maximum Minimum Lot Size 78,408-square feet (1.8-acres) I. 8-acres Minimum Lot Width 219.76-feet I 00- feet Minimum Street Frontage 21 9. 76-feet 35-feet Total Acreage of Common Area None proposed None required in the R-E zone Percent of Site as Common Area 0% 0% required in the R-E zone J. GENERAL SITE DESIGN FEATURES: Open Space, Green Belt Areas and Landscape Screening: According to the preliminary plat date stamped by the City April 25, 2007, the applicant is proposing a fifty foot (50') wide landscaped buffer area and sidewalk on the south side of West Beacon Light Road adjacent to the north boundary of the proposed subdivision. The applicant is also proposing a five foot (5') wide sidewalks detached by an eight foot (8') wide landscape strip along one side of the proposed internal road (Wyatt Avenue). Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all TUnoffTUns either over the curb, or to the drainage easement, and that no TUn off shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 that unobstTUcted utility easements shall be provided along front lot lines, rear lot lines, and side lot lines when deemed necessary. Total easement width shall not be less than twelve-feet (12'). Fire Hydrants and Water Mains: The preliminary plat date stamped by the City on April 25, 2007, does not show any fire hydrants. Fire hydrants should be installed and approved as required by the Eagle Fire District. On-site Septic System (yes or no) - No Pressurized Irrigation: The applicant has proposed to modifY the existing pressurized irrigation system to serve the development. Preservation of Existing Natural Features: Per Eagle City Code Section 9-3-8(8) existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Numerous mature trees exist on the property and have been Page 4 of \3 K:\Planning DeptlEagle ApplicationslSUBS\2007\Watts Tranquil Estates pzf.doc evaluated by the City Forester. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. K. STREET DESIGN: Public Streets: According to the preliminary plat date stamped by the City on April 25, 2007, there will be an entrance to the development from West Beacon Light Road. The proposed internal public road (Wyatt Avenue) is fifty four feet (54') wide and extends 600-feet (approximately), terminating with a fifty foot (50') radius cul-de-sac at the southeast section of the proposed subdivision. Blocks Less Than 500': None Cul-de-sac Design: One (I) fifty foot (50') radius cul-de-sac is proposed to be located at the southeast section of the proposed subdivision. Sidewalks: According to the preliminary plat date stamped by the City on April 25, 2007, the applicant is proposing a five foot (5') wide detached sidewalk on one side of the internal public road (Wyatt Avenue). The applicant is also proposing a five foot (5') wide detached sidewalk along West Beacon Light Road adjacent to the north boundary of the property . Curbs and Gutters: Six inch (6") rolled curb and gutters are proposed. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: Other than the above mentioned sidewalks, the preliminary plat date stamped by the City on April 25, 2007, shows no other proposed pathway system. Bike Paths: Per Eagle City Code Section 9-4-1-7 a bicycle pathway shall be provided within all Page 5 of \3 K:\Planning DeptlEagle Applications\SUBS\2007\Watts Tranquil Estates pzf.doc subdivisions as part of the public right-of-way or separate easement, as may be specified by the city council. M. PUBLIC USES PROPOSED: None N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The site is serviceable by United Water and the Eagle Fire Department. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern -No Evidence of Erosion - No Fish Habitat - No Floodplain - No Mature Trees - Yes Riparian Vegetation - No Steep Slopes - No Stream/Creek: Yes (drainage ditch) Unique Animal Life - No Unique Plant Life - No Unstable Soils - No Wildlife Habitat - No Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the engineer's letter dated May 25, 2007, are of special concern (see attached). City Forester: All comments within the forester's letter dated May 10,2007, are of special concern (see attached). Ada County Highway District Central District Health Department Chevron Pipeline Department of Environmental Quality Eagle Fire Department Idaho Department of Lands United Water Company S. LETTERS FROM THE PUBLIC: None received to date. Page 6 of 13 K:\Planning DeptlEagle Applications\SUBS\2007\Watts Tranquil Estates pzf.doc 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 within areas on acreages that may be in transition from agricultural to residential use or may combine small scale agricultural uses with residential uses. Maximum density of up to one (I) unit per two (2) acres. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2-4 Schedule of Building Height and Log Area Regulations: omcial Height and Area Regulations Zoning Maximum UU Interior Street Maximum Minimum Lot Area Minimum District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Lot And H* Width 1* IR-E 1135' I ~ @QJ 120' 1135' 1120% 111.8 acres 11100' I · Eagle City Code Section 8-2A-7 J(4)(b) Major Roadways: a. Any road designated as a minor arterial on the Ada County long range highway and street map: A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (I ') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Page 7 of \3 K:\Planning Dept\Eagle ApplicationslSUBS\2007\Watts Tranquil Estates pzf.doc . Eagle City Code Section 9-3-1 Minimum Standards Required: All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth in this chapter; provided, however, that any higher standards adopted by any highway district, the Idaho transportation department or health agency shall prevail over those set forth herein. . Eagle City Code Section 9-4-1-6 (F) Sidewalk Design: 1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage I ine or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. 3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with 3-inch minimum caliper shade-class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with Section 8-2A-7 of this Code. 4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. 5. If sidewalk is required on one side of each street only (as provided for in subsection FI of this section), then the trees on the side of the street with no sidewalk shall be placed within five feet (5') of the edge of roadway. 6. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres and at the council's discretion, a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be placed within five feet (5') of the edge of roadway. (Ord. 420, 5-21-2002) · Eagle City Code Section 9-4-1-11: Fire Hydrants and Water Mains: Adequate fire protection shall be required in accordance with the appropriate fire district standards. (Ord. 88, 11-15-1983) · Eagle City Code Section 9-4-1-9(C)(1): Pressurized Irrigation Facilities: For any new subdivision and/or PUD, to be provided with a public water system and containing more than four (4) lots, all residential dwelling units within such subdivision shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the city council. · Eagle City Code Section 9-4-1-12: Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. (Ord. 420, 5-21-2002) Page 8 of 13 K:\Planning DeptlEagle ApplicationslSUBS\2007\Watts Tranquil Estates pzf.doc D. DISCUSSION: . The applicant is requesting an annexation and rezone to R-E-DA (up to one unit per two acres maximum) of twenty seven (27) acres located on the southwest section of West Beacon Light Road and North Ballantyne Lane. The applicant is also requesting a preliminary plat for Tranquil Estates, a three (3) lot subdivision on seven (7) of the above mentioned twenty seven (27) acres. The proposed subdivision will have lot sizes ranging from 1.8-acres to 2. I 2-acres and will comply with the 1.8-acre minimum lot size requirements for the R-E zone. The subdivision design complies with the technical requirements (or will pursuant to the conditions outlined herein) of Eagle City Code. . The Eagle Comprehensive Plan Land Use Map designates the property as Residential Estates with a density not to exceed one (I) unit per two acres. The proposed Tranquil Estates Subdivision includes three (3) residential lots with an overall density of one (I) unit per two (2) gross acres. . According to the narrative provided by the applicant to the City date stamped April 25, 2007, central water services are not available to the Property. However, according to a letter provided by United Water and date stamped by the City on May 8, 2007, the property is serviceable by United Water from a twelve inch (12") water main located on North Ballantyne Lane at the southeast corner of the property. As recommended in the development agreement for this site, all existing homes and all homes to be constructed within the entire twenty seven (27) acre site shall be required to connect to central water services (United Water Company). . Eagle City Code requires that any new subdivision containing more than four (4) lots shall be provided with a pressurized irrigation system and that a pressurized irrigation plan shall be provided to the City for review by the City Engineer. The preliminary plat provided by the applicant contains only three (3) lots, however a concept plan date stamped by the City on April 25, 2007, shows how the entire twenty seven (27) acre parcel could be developed in the future with a total of eleven (II) lots. As recommended in the development agreement, the applicant should provide documentation showing the existing water right for the entire twenty seven (27) acre property, how the water right will be transferred and divided up among the various lots, and a pressurized irrigation plan to the City for review and approval by the City Engineer prior to the City Council approving the preliminary plat. . According to the preliminary plat date stamped by the City on April 25, 2007, a fifty foot (50') wide buffer area within an easement is proposed along the north section of the property adjacent to West Beacon Light Road. However, the buffer is not shown to be bermed or landscaped in compliance with Eagle City Code. The applicant should provide a landscape plan that shows the fifty foot (50') wide buffer area adjacent to West Beacon Light Road to be bermed and landscaped in accordance with Eagle City Code. The landscape plan should be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. · According to the preliminary plat date stamped by the City on April 25, 2007, the required five foot (5') wide sidewalk adjacent to West Beacon Light Road is not shown to be meandering. The applicant should provide a revised preliminary plat that shows the sidewalk adjacent to West Beacon Light Road to be slightly meandering in compliance with ADA requirements. The revised preliminary plat should reviewed and approved by staff prior to the submittal of a final plat application. · According to the preliminary plat date stamped by the City on April 25, 2007, the internal sidewalk is shown to be separated from the proposed internal road (Wyatt Avenue) by a Page 9 of 13 K:\Planning Dept\Eagle Applications\SUBS\2007\Watts Tranquil Estates pzf.doc "parkway", which is not shown to be landscaped. The City requires that all sidewalks be separated from the road by an eight foot (8') wide landscaped strip containing a variety of street shrubs, trees and grass. The applicant should provide a revised preliminary plat that shows the internal sidewalk system to be separated from the road by an eight foot (8') wide landscaped strip. The revised preliminary plat should be reviewed and approved by the staff prior to the submittal of a final plat application. . According to the preliminary plat date stamped by the City on April 25, 2007, the applicant is proposing a five foot (5') wide detached sidewalk that extends along the west side of the proposed internal road (Wyatt Avenue). The plat shows the sidewalk terminating at the southern section of the proposed cul-de-sac. The applicant should provide a revised preliminary plat that shows the internal sidewalk extending around the complete cul-de-sac and along the east portion of Wyatt A venue terminating with the road at the Feng-Ling Wang property. The revised preliminary plat should be reviewed and approved by staff prior to the submittal of a final plat application. . According to the preliminary plat date stamped by the City on April 25, 2007, there are two existing structures that do not meet the City's setback requirements. An existing garage structure is located on Lot I, Block I which encroaches within ten feet (10') of the street side property line to the south. Eagle City Code requires all structures to be set back at least thirty five feet (35') from the street side property line within the R-E zone. An existing shed structure is located on Lot 3, Block I approximately sixteen feet (16') from the property line to the south. Eagle City Code requires a twenty foot (20') minimum setback from the side yard property line within the R-E zone. The applicant should provide a revised preliminary plat that shows all existing structures to be in compliance with the City's setback requirements. The revised preliminary plat should be reviewed and approved by staff prior to the submittal of a final plat application. STAFF RECOMMENDED FINDINGS: . 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 designation of R-E-DA (Residential-up to one unit per two acres with a development agreement) is consistent with the Residential Estates designation 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 all uses allowed on this property under the proposed zone; c. The proposed R-E-DA (Residential-up to one unit per two acres with a development agreement) zoning designation is compatible with the RUT (Rural Urban Transition - Ada County designation) land use to the north since that area is being developed in a similar manner as this development, and; d. The proposed R-E-DA (Residential-up to one unit per two acres with a development agreement) zoning designation is compatible with the RUT (Rural Urban Transition - Ada County designation) zone and land use to the south since that area could be developed with lots of similar size in the same manner at a later date; e. The proposed R-E-DA (Residential-up to one unit per two acres with a development agreement) zoning designation is compatible with the RUT (Residential Urban Page 10 of 13 K:\Planning DeptlEagle Applications\SUBS\2007\Watts Tranquil Estates pzf.doc Transition - Ada County designation) land use to the west since that area is being developed in a similar manner as this development, and; f. The proposed R-E-DA (Residential-up to one unit per two acres with a development agreement) zoning designation is compatible with the R-E-DA (Residential-up to one unit per two acres with a development agreement) zone and land use to the east since that area will be developed with lots of similar size; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and . Preliminarv Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed preliminary plat is in accordance with the City of Eagle Code because: 1. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; 2. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, and water; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; 3. That there are no known capital improvement programs for which this development would prevent continuity; 4. That based upon agency verification and additional written comments of the Eagle Fire District and United Water Company as conditioned herein, there is adequate public financial capability to support the proposed development; 5. That any health, safety and environmental problems that were brought to the Commission and Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested Annexation, Rezone, and Preliminary Plat with conditions as provided 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 June 18, 2007, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission from no one (not including the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by Cheryl Bloom (representing herself, Bob Hamlin and the Kensington Meadows HOA) who expressed concerns that an adjacent property owner was not notified, that the density was too high, subdivisions shouldn't be re-subdivided, and that the Page II of 13 K:IPlanning DeptlEagle ApplicationslSUBS\2007\Watts Tranquil Estates pzf.doc development would create water access issues. Oral testimony was also taken from Matt Drown who was concerned about future development on the proposed annexed land and how access would be achieved. COMMISSION DECISION: The Commission voted 3 to I (McCarrell absent, Pierce against) to recommend denial of A-09-07, RZ-ll-07 for an annexation and rezone from RUT to R-E-DA. Further, the Commission voted 3 to I (McCarrell absent, Pierce against) to recommend denial of PP-12-07 for a preliminary plat for Tranquil Estates Subdivision. The above recommendations for denial were based on the following concerns: I. The proposed subdivision was poorly designed 2. The proposed cul-de-sac was unnecessary and in an undesirable location 3. Lack ofa well thought out concept plan for the future development of the complete twenty seven (27) acres proposed to be annexed and rezoned. CONCLUSIONS OF LAW: 1. The annexation and rezone applications for this item were received by the City of Eagle on April 25, 2007. The preliminary plat application for this item was received by the City of Eagle on April 25, 2007. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 21, 2007. 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 May 15,2007. Requests for agencies' reviews were transmitted on May 4,2007, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on June 7, 2007. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-09-07/RZ-Il-07) 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 not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because the Commission was concerned that only a small portion of the total twenty seven (27) acres was being platted at this time and wanted to see a better concept plan for the possible future development of the total acres to be annexed and rezoned. 4. The Commission reviewed the particular facts and circumstances of the preliminary plat (PP-12-07) and based upon the information provided concludes that the preliminary plat is not in accordance with the general objectives or with any specific objective of the Comprehensive Plan since the proposed layout of the subdivision is not designed well and that the proposed cul-de-sac is unnecessary and undesirable. The Commission was also concerned that only a small portion of the total twenty seven (27) acres was being platted at this time and wanted to see a better concept plan for the possible future development of the total acres to be annexed and rezoned. Page 12 of 13 K:\Planning DeptlEagle ApplicationslSUBS\2007\Watts Tranquil Estates pzf.doc DATED this 2nd day ofJuly 2007. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE County, IdahQ. \ --. 1----.-::.::> ATTEST: "".'H'"", ,~""~t-GL€ ""'" /; 0<'<............... . ##\ J..., .- *.., ,.., . . ~ iuf ,/,.'- '}~J: .. . . '-of \. ~.. ~ ~. . Q. ,.... ., .- " , "" . ......'O~ .f ## - ~ '" ~ i AT\:. .... I",.......",,' Page 13 of 13 K:\Planning DeptlEagle ApplicationslSUBS\2007\Watts Tranquil Estates pzf.doc