Findings - PZ - 2012 - A-002-12 & RZ-02-12 - Rz From Rr To Re/9.96 Acre/8860 W. Equest Lane BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RR(RURAL RESIDENTIAL—ADA )
COUNTY DESIGNATION) TO R-E )
(RESIDENTIAL-ESTATES) FOR M3 )
COMPANIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-12 & RZ-02-12
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on July 16, 2012, 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:
M3 Companies, represented by Gerry Robbins is requesting approval of an annexation
and rezone from RR (Rural Residential — Ada County designation) to R-E (Residential-
Estates—up to one(1)unit per two (2)acres). The 9.96-acre site is located on the east side
of State Highway 16 at the northeast corner of State Highway 16 and West Equest Lane at
8860 West Equest Lane(Lot 1,Block 1, Gulch Ranch Estates).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Friday, July 6, 2012, at the M3 offices in
the Eagle River Office Park at 533 East Riverside Drive, Suite 110 (Eagle River II
building), in compliance with the application submittal requirement of Eagle City Code.
The application for this item was received by the City of Eagle on June 8, 2012.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in the Idaho Statesman in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 30, 2012. 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 June 27, 2012. The site was posted in accordance with the
Eagle City Code on July 6, 2012. Requests for agencies' reviews were transmitted on June
11,2012, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The subdivision plat (Gulch Ranch Estates) associated with the subject property was
recorded on January 7, 1993.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Foothills Residential RR(Rural Residential—Ada Single-family dwelling and
County designation) pasture(Lot 1, Block 1,
Gulch Ranch Estates)
Proposed No change R-E(Residential-Estates up to No change
one(1)acre per two (2)acres)
North of site Foothills Residential RR(Rural Residential—Ada Single-family dwelling and
County designation)and R-1- pasture and vacant lot(Lot
DA (Residential up to one(1) 3,Block 1 and a portion of
unit per acre with a Lot 2, Block 1,Kling
development agreement) Estates Subdivision)
South of site Foothills Residential R-1-DA(Residential up to Single-family dwelling and
one(1)unit per acre with a pasture
development agreement)
East of site Foothills Residential RR(Rural Residential—Ada Single-family dwelling and
County designation) pasture(Lot 2, Block 1,
Gulch Ranch Estates)
West of site Mix-Use Development RUT(Rural-Urban Transition Single-family dwelling and
(City of Star —Ada County designation) pasture
Comprehensive Plan)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 9.96-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on June 8, 2012, attached to
the staff report and incorporated herein by reference.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The existing home located on the property is currently served by individual well and a
septic system. The site is provided access from Equest Lane-a private road which is
connected to State Highway 16.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—Yes—An un-numbered A Zone (area where base flood elevation [BFE] has not been
determined) is located at the southeast corner of the property.
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Mature Trees — Yes — Adjacent to the northern property line at the northwest corner of the
property and in proximity to the existing dwelling and accessory building.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—Unknown
Unique Plant Life—Unknown
Unstable Soils—No
Wildlife Habitat—Unknown
M. NON-CONFORMING USES:
No non-conforming uses currently exist 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 — Indicated that they have no objections to the
proposal.
Chevron Pipe Line Company — Indicated that they have no conflicts with the proposed
application.
Idaho Transportation Department — Indicated they have no objection to the annexation
and rezone. The department also indicated that a Corridor Plan has not been completed
and a small amount of tight-of-way is anticipated but the final design has not been
completed. A copy of the conceptual plan is attached with the correspondence. Also,
Highway 16, is a full access controlled highway so no additional access is permitted. The
applicant should also consider land uses with lower sensitivity to traffic noise.
Middleton Irrigation Association and Middleton Mill Ditch Company — Indicated the
project is outside of their service area.
Settler's Irrigation District — Indicated that they have no facilities in the area and they
have no objections or further comments.
Star Joint Fire Protection District—Indicated that the property is located within the Star
Fire Protection District and that they do not oppose the annexation and rezone.
United Water—Indicated that this project lies outside of its certificated area.
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 (adopted August 25, 2009) designates this site as
Foothills Residential.
Foothills Residential
A unique combination of land uses within the Eagle Foothills that strives to balance
residential, non-residential, and open space (developed and natural) use to create unique
hamlets of development that place urban development within the natural environment
without overcrowding or significantly altering the natural features found on the site.
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The overall density in the foothills should be approximately 1 unit per two acres.
Residential densities should be calculated to be commensurate with the existing land
conditions. Priorities for open space areas should be lands with slopes of 25% or greater
and important habitat areas. No residential density should be granted for areas located
within the Floodway. Units should be arranged in accordance with the transect plan as
described in the Foothills planning area.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:None
C. DISCUSSION:
• This site is designated as Foothills Residential within the Comprehensive Plan. The Foothills
Residential designation allows for an overall density of up to one (1) unit per two (2) acres.
The applicant is requesting an annexation and rezone from RR (Rural Residential — Ada
County designation)to a R-E (Residential-Estates up to one (1) unit per two (2) acres) zoning
designation. The applicant is requesting annexation and rezone approval to allow for the
property to be incorporated into the Spring Valley Community Infrastructure District (CID)
and also to incorporate the property into the Spring Valley master planned community with a
development agreement modification in the future.
• The site currently contains an easement for the private lane (West Equest Lane) located
adjacent to the southern property line, a single-family dwelling and an accessory structure.
With the exception of the home site most of the property is currently in pasture. The property
gains access to State Highway 16 from West Equest Lane. The southeastern corner of site is
located within the 100-year floodplain and the structures located on the site are not located
within the floodplain. There are no non-conforming uses located on the site and none will be
created with the proposed rezone.
STAFF RECOMMENDATION FOR THE ANNEXATION AND REZONE PROVIDED WITHIN
THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone from RR (Rural Residential — Ada County designation) to R-E (Residential-
Estates up to one(1)unit per two (2) acres).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 16,
2012, 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 by no
one(other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
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COMMISSION DECISION:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of A-02-12 and RZ-02-12
for an annexation and rezone from RR (Residential Rural — Ada County designation) to R-E
(Residential-Estates up to one(1)unit per two(5) acres)for M3 Companies.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, Friday, July 6, 2012, at the M3 offices in the Eagle
River Office Park at 533 East Riverside Drive, Suite 110 (Eagle River II building), in compliance with
the application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on June 8, 2012.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in the Idaho Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on June 30, 2012. 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 June 27, 2012. The site was
posted in accordance with the Eagle City Code on July 6, 2012. Requests for agencies' reviews were
transmitted on June 11,2012, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-02-12)
in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission" and has made the
following conclusions with regard to the proposed rezone:
a. The requested zoning designation of R-E (Residential—up to one (1)unit per two(2)acres) is
consistent with the Foothills Residential 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 (Residential—up to one (1) unit per two (2) acres)zone is compatible with
the RR(Rural Residential—Ada County designation) zone and land use to the north since the
property owner may request a similar zoning designation based on the Eagle Comprehensive
Plan, and;
d. The proposed R-E (Residential—up to one (1) unit per two (2) acres) zone is compatible with
the R-1-DA (Residential—up to one(1)unit per acre with a development agreement)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 (Residential—up to one (1) unit per two (2) acres)zone is compatible with
the RUT (Rural-Urban Transition — Ada County designation) zone and land use to the west
since that area is located on the opposite side State Highway 16 as the subject property and
may be developed with a more intense use as the subject property, and;
f. The proposed R-E (Residential—up to one (1) unit per two (2) acres)zone is compatible with
the RR (Rural Residential —Ada County designation) zone and land use to the east since the
property owner may request a similar zoning designation based on the Eagle Comprehensive
Plan;
g. The land proposed for rezone is partially located within a "Hazard Area" and "Special Area"
as described within the Comprehensive Plan. The applicant has an approved Conditional
Letter of Map Revision(CLOMR)to address the floodplain issues associated with the adjacent
properties located to the east and the subject site; and
h. No non-conforming uses are expected to be created with this rezone.
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DATED this 6th day of August,2012.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE swesi •e+ro
Ada County,Idaho �.•`�e,t1 OF ti
ot?0i444,,°?.<6;\
`* • *.•
Victor Villegas, C irman SEA L
r^
ATTEST T °°
Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
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