Loading...
Findings - PZ - 2018 - A-02-18 & RZ-02-18 - Annexation & Rezone From Rut To Residential EstatesBEFORE 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 FOR ROY AND NATASHA FLOOK FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-02-18 & RZ-02-18 The above -entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on April 2, 2018, 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: Roy and Natasha Flook are requesting an annexation with rezone from RUT (Rural -Urban Transition — Ada County designation to R -E (Residential -Estates). The 5 -acre site is located on the north side of West Beacon Light Road at the northeast corner of the intersection of West Beacon Light Road and North Hartley Road at 6606 West Beacon Light Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 3:30 PM, Saturday, January 6, 2018, on site in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on February 12, 2018. 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, 2018. 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, 2018. The site was posted in accordance with the Eagle City Code on March 17, 2018. Requests for agencies' reviews were transmitted on February 14, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None. E. COMPANION APPLICATIONS: PD -02-17 — A parcel division application to allow for the property to be split into to two (2) separate parcels. Page 1 of 5 K: Planning DcptUiagle Applications\RZ&A120I8\A-112-18 & RZ-02-18 Flook pzfdocx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Compact Residential and Residential Transition No Change Compact Residential Compact Residential Large Lot Residential ZONING DESIGNATION LAND USE RUT (Rural -Urban Transition Single-family dwelling — Ada County Designation) R -E (Residential -Estates) Single-family dwelling RUT (Rural -Urban Transition Single-family dwelling — Ada County Designation) MU -DA (Mixed Use with a Vacant parcel development agreement) RUT (Rural -Urban Transition Single-family dwellings — Ada County Designation) and R1 (Residential — Ada County designation) Village Center RUT (Rural -Urban Transition Single-family dwelling — Ada County Designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 5 -acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's justification letter (attached to the staff report), date stamped by the City on February 12, 2018. J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: There is no central sewer or central water located in proximity to the site. 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 — No Mature Trees — Yes — in proximity to existing residence Riparian Vegetation — No Steep Slopes — No Stream/Creek — No Page 2 of 5 KAPlanning Depi aglc Apphcations\R/&A\2,18\A.tF2.18 & RZ-02-18 Rook pzldocx Unique Animal Life — Unknown Unique Plant Life — Unknown Unstable Soils — Unknown Wildlife Habitat — Unknown 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: Ada County Highway District Andeavor Eagle Fire Department Idaho Transportation Department 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 November 14, 2017) designates this site as Compact Residential. Compact Residential Suitable for single-family residential, row houses, duplex, and four plexes. Densities range from 4 units per acre to 8 units per acre. Residential Transition Overlay Residential development that provides for transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions: The following zoning districts are hereby established. For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district shall be as follows: R -E RESIDENTIAL -ESTATES DISTRICT: To provide opportunities for very low density residential land use compatible with the topography and public service capacities. Gross density shall not exceed one single-family dwelling unit per two (2) acres. C. DISCUSSION: None Page 3 of 5 K:U'lanning Depi\Eagle Applications\R'L&A\2018\A-02.18 & RZ-02-18 Hook pzLducx 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 from RUT (Rural -Urban Transition — Ada County designation) to R -E (Residential - Estates. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on April 2, 2018, 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 the application was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning and Zoning Commission by one (1) individual who requested a larger setback be required for structures located adjacent to the property line shared by the applicant and the person testifying. COMMISSION DELIBERATION: (Granicus time 13:06) Upon closing the public hearing, the Commission discussed during deliberation that: • Based on the required side setback of 20 -feet, no water from the neighbors sprinklers should hit any of the structures located on the property, so there is no reason to increase the side setback located adjacent to the north property line. COMMISSION DECISION: The Commission voted 4 to 0 (Wright absent) to recommend approval of A-02-18 & RZ-02-18 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R -E (Residential - Estates) for Roy and Natasha Flook. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-02-18 & RZ-02-18) 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 designation of R -E (Residential -Estates) is consistent with the Compact Residential and Residential Transition Overlay designations as shown on the Comprehensive Plan Land Use Map since the proposed zone limits the density to less than the density allowed within the Compact Residential designation; 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 -Estates) zone is compatible with the RUT (Residential -Urban Transition — Ada County Designation) and R1 (Residential — Ada County designation) zones and land uses to the north, east, and west since those areas contain single-family dwellings and may be developed similar or with higher density at a future date; Page 4 of 5 K:\Planntng Dept\Eagle Applications\R7&A\2018\A-02-I8 & RZ-02-18 Flook pzt:docx d. The proposed R -E (Residential -Estates) zone is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the south since that area may be developed with commercial uses or higher density uses in the future; e. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and f. No non -conforming uses are expected to be created with this rezone. DATED this 16th day of April, 2018. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman ATTEST: Sharon K. Bergmann, Eagle Cit Clerk •o, OF EAG • O FPc• :V �•� *• • • SE' • s�: O c Page 5 of 5 K: Planning Dept \Eagle Applications\RZ&A\2018\A-02-I8 & RZ-02-18 Hook pzidocx