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Findings - PZ - 2019 - RZ-14-18 - For A Rezone From Ar To ReBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE FROM A -R (AGRICULTURAL - RESIDENTIAL) TO R -E (RESIDENTIAL -ESTATES) FOR SLN PLANNING FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-14-18 The above -entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on January 7, 2019, 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: SLN Planning, represented by Shawn Nickel, is requesting a rezone from A -R (Agricultural - Residential) to R -E (Residential -Estates). The 4.33 -acre site is located on the north side of West Floating Feather Road approximately 440 -feet east of the intersection of North Meridian Road and West Floating Feather Road at 2924 West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, Tuesday, October 30, 2018, at 247 North Eagle 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 May 9, 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 December 20, 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 December 17, 2018. The site was posted in accordance with the Eagle City Code on December 19, 2018. Requests for agencies' reviews were transmitted on November 14, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None. E. COMPANION APPLICATIONS: None Page 1 of 5 K:Wlanning Ihptll:aglc Application.+1RMA\2011 \RZ-14-18 Wittman ptl:doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed No Change North of site Large Lot Residential South of site Large Lot Residential East of site Large Lot Residential West of site Large Lot Residential COMP PLAN ZONING DESIGNATION DESIGNATION Large Lot Residential A -R (Agricultural -Residential) R -E (Residential -Estates) RUT (Rural -Urban Transition — Ada County Designation) R-1 (Residential) and RUT (Rural -Urban Transition — Ada County Designation) R -E -DA (Residential -Estates with a development agreement) RUT (Rural -Urban Transition — Ada County Designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 4.33 -acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: LAND USE Single-family dwelling Future parcel division Single-family dwelling Single-family dwellings (Colony II Subdivision and unplatted parcel) Single-family dwelling (Pumpkin Patch Subdivision) Single-family dwelling (Lighthouse Subdivision) See applicant's justification letter, date stamped by the City on November 9, 2018 (attached to the staff report.) J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: There is no central sewer and central water located within West Floating Feather Road 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 the existing residence and adjacent to the driveway Riparian Vegetation — No Steep Slopes — No Stream/Creek — No Unique Animal Life — Unknown Unique Plant Life — Unknown Unstable Soils — Unknown Wildlife Habitat — Unknown Page 2 of 5 K:Wlanning Ikpt1l agk Applications\RZ&A120th\R%-14.18 Wittman prf.doc 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: 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. Large Lot Residential Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential and Agricultural/Rural designations. B. ZONING CODE 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: • The applicant indicated within the provided narrative, date stamped by the City on November 9, 2018, a request to rezone the property to R -E (Residential -Estates) to allow the 4.33 -acre property to be split into two (2) parcels as part of a Parcel Division application. Pursuant to Eagle City Code Section 8-2-4, the minimum lot size within the R -E (Residential -Estates) zoning designation is 1.8 - acres. Based on the minimum lot size associated with the R -E (Residential -Estates) zoning designation, a parcel division of the subject property could be achieved. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the requested rezone from A -R (Agricultural -Residential) to R -E (Residential -Estates). Page 3 of 5 K:\Planning Deptlliagk Appiications1RZ&Al2glR1R%-14-111 Wittman pil doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on January 7, 2019, 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. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by one (1) individual who requested clarification regarding the requested zone and allowed uses. COMMISSION DELIBERATION: (Granicus time 12:40) Upon closing the public hearing, the Commission discussed during deliberation that: • The requested zoning designation is in conformance with the Large Lot designation as identified in the comprehensive plan. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of RZ-14-18 for a rezone from A -R (Agricultural - Residential) to R -E (Residential -Estates) for SLN Planning. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-14-18) upon the information provided concludes 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 (Residential -Estates) is consistent with the Large Lot 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 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) zone and land use to the north since that area contains a single-family dwelling and may be developed in a matter which is compatible with the subject property; d. The proposed R -E (Residential -Estates) zone is compatible with the R-1 (Residential) and RUT (Residential -Urban Transition — Ada County Designation) zones and land use to the south since that area contains a residential subdivision (Colony II Subdivision) containing lots smaller in size than the minimum lot size permitted with the requested R -E (Residential -Estates) zone and a single-family dwelling located within an unplatted parcel which is also smaller in size than the minimum lot size permitted within the requested R -E (Residential -Estates) zone; e. The proposed R -E (Residential -Estates) zone is compatible with the R -E -DA (Residential -Estates) and zone and land uses to the east since that area contains a single-family dwelling located within a subdivision that was developed in conformance with the Large Lot Residential comprehensive plan designation; Page 4 of 5 K:1I'lanning Dept 1 Eagle Applications\RZ&Al2O181R%-14-18 Wittman pzfdoc f. The proposed R -E (Residential -Estates) zone is compatible with the RUT (Residential -Urban Transition — Ada County Designation) zone and land use to the west since that area contains a single-family dwelling located within an unplatted parcel which is smaller in size than the minimum lot size permitted within the requested R -E (Residential -Estates) zone; �. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and h. No non -conforming uses are expected to be created with this rezone. DATED this 4th day of February, 2019. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman / ATTEST: s„Alr1 Q IST --J' _Sharon K. Bergmann, Eagle City Clrk Page 5 of 5 K.11'lannmg 1101\I:4gkr Appl(ca(ion,\Kt&A\2(I1I\R7 14-1K. Unman pil.doc