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.
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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
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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
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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;
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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
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