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Findings - PZ - 2016 - A-03-16 & RZ-04-16 - Annexation & Rezone From Rut To ReBEFORE 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 M. LYNN MCKEE FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-03-16 & RZ-04-16 The above -entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on June 6, 2016, 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: M. Lynn McKee is requesting approval of an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R -E (Residential -Estates). The 8.41 -acre site is generally located on the south side of West Beacon Light Road approximately 350 -feet east of the intersection of North Ballantyne Lane and West Beacon Light Road at 1887 West Beacon Light Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 8:00 PM, on Monday, February 15, 2016. A second Neighborhood Meeting was held on-site at 7:00 PM, on Tuesday, May 24, 2016, 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 20, 2016. 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 16, 2016. 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 13, 2016. The site was posted in accordance with the Eagle City Code on May 26, 2016. Requests for agencies' reviews were transmitted on May 4, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 5 K:Tlanning DepuEagk Applications\RZ&A',2016,A-03-I6 & RZ-04-16 McKee pz£doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION LAND USE Existing Residential Estates RUT (Rural -Urban Transition Single-family dwelling — Ada County Designation) Proposed No Change R -E (Residential -Estates) Single-family dwelling North of site Residential Estates RUT (Rural -Urban Transition Single-family dwelling — Ada County Designation) South of site Residential Estates East of site West of site R -E (Residential -Estates) Residential Subdivision (Academy Place) Residential Estates R -E (Residential -Estates — up Single-family dwelling to one unit per two acres) Residential Estates R -E (Residential -Estates — up Single-family dwelling to one unit per two acres) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 8.41 -acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's justification letter, date stamped by the City on April 20, 2016, attached to the staff report. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): Not applicable K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The site is currently served by the Eagle Fire District. Lynn Moser with Eagle Sewer District provided an email, dated May 4, 2016, attached to the staff report, which indicated the District is not planning to provide central sewer in this area. Note: The property is served by a well and by a septic system. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: M. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — Yes — located adjacent to the property lines and the accessory structure Riparian Vegetation — No Steep Slopes — No Stream/Creek — No Page 2 of 5 K: Planning Dept ,Eagle Applications\RZ&A 2016,A-03-16 & RZ-04-I6 McKee pzt doc Unique Animal Life — Unknown Unique Plant Life — Unknown Unstable Soils — No Wildlife Habitat — No N. NON -CONFORMING USES: None are apparent on the site. O. 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 Eagle Fire Department Eagle Sewer District Farmer's Union Ditch Company, Ltd. (Jerry A. Kiser on behalf of) Idaho Transportation Department Tesoro Logistics NW Pipeline P. 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 February 10, 2015) designates this site as Residential Estate. 460%` Residential Estates Suitable primarily for single family residential development on acreages may be in transition from agricultural to residential use or may combine small scale agricultural uses with residential uses. An allowable density of up to 1 unit per 2 acres. 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 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 June 6, 2016, at which time testimony was taken and the public hearing was closed. The Commission made Page 3 of 5 K: Planning Dept'Eagle Applications\RZ&A\2016\A-03-16 & RZ-04-16 McKee pztdoc 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). COMMISSION DELIBERATION: (Granicus time 1:46:30) Upon closing the public hearing, the Commission discussed during deliberation that: • The proposed annexation and rezone is appropriate for the area based on the requested zoning being in conformance with the Comprehensive Plan. • There was no opposition to the proposed annexation and rezone. COMMISSION DECISION: The Commission voted 3 to 0 (Wright & Villegas absent) to recommend approval of A-03-16 & RZ-04-16 for an annexation and rezone from RUT to R -E for M. Lynn McKee. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-03-16 & RZ-04-16) 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 Residential One 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 including an on-site well and septic system, 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) zoning district is compatible with the RUT (Rural -Urban Transition — Ada County Designation) zone and land use to the north since that area contains a parcel of similar size and may be developed in a similar manner at a future date; d. The proposed R -E (Residential -Estates) zoning district is compatible with the R -E (Residential - Estates) zone and land use to the south since that area is developed into a residential subdivision (Academy Place Subdivision) with lots of similar size; e. The proposed (Residential -Estates) zone is compatible with the R -E (Residential -Estates) zoning district and land uses to the east and west since those areas contain parcels that are in conformance with the minimum lot size associated with the R -E (Residential -Estates) zoning designation; f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and No non -conforming uses are expected to be created with this rezone. g. Page 4 of 5 K:\Planning Dept\Eagle Applications1RZ&A'2016\A-03-16 & RZ-04-16 McKee pzf doc DATED this 20th day of June, 2016. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chai c`~r an\ ATTEST: Sharon K. Bergmann, Eagle Ciiy Clerk �J OF filo • C�••ItxQ O R • k°it * * i SEAL, q ,OF tO,.. hI,n,f,t*h%' Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code. to request a regulatory taking analysis Page 5 of 5 K I'I.unnng Dept Eagle pI . n ns RZBA 2016 A•03• 16 & RG04-16 McKee prf doc .*: • �l •.� • .• �'�• '►•••...• .\ ••. 1! 1 i