Findings - PZ - 1997 - RZ-6-97 - Rz From A To Ar/2205 Mace Road/5.1 Acre
D.
E.
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A (AGRICULTURAL) TO A-R
(A G RI CUL TURAL- RESIDENTIAL) FOR
CHARLES H. LOBDELL
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-6-97
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on July 14, 1997. The Eagle Planning and Zoning Commission having
heard and taken oral and written testimony, and having dilly considered the matter, makes the
following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Charles Lobdell, represented by Scott Fahey, is requesting a rezone from A
(agricultural) to A-R (agricultural-residential). The 5.1-acre site is located
approximately 1.5-miles west of Eagle road at 2205 West Mace Road.
B.
APPLICA nON SUBMITTAL:
The application for this item was received by the City of Eagle on June 12, 1997.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on June 27, 1997. 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 23, 1997. Requests for agencies'
reviews were transmitted on June 13, 1997 in accordance with the requirements of
the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
CO MP ANION APPLI CAn ONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Low density residential (2 A (agricultural) Agriculture/single
units per acre maximum) family residence
Proposed no change A-R (agricultural- Agriculture/single
residential) family residence
North of site Low density residential (2 A (agricultural) and RT Agriculture
units per acre maximum) (rural transitional)
South of site Low density residential (2 A (agricultural) Agriculture
units per acre maximum)
East of site Low density residential (2 A (agricultural) Agriculture
units per acre maximum)
West of site Low density residential (2 RT (rural transitional) Agriculture
units per acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 5.1-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The requested rezone does not change the current or future use of this land. With
an approved rezone to A-R, a five acre lot would be allowed. No new buildings
or structures are proposed or planned for the rezoned parcel. The existing
buildings are not in the floodplain and have been elevated 3' and 6' feet above the
base flood levels. As current use of both parcels will be unchanged, it is not
likely that approval of this application will create and additional demands for
service from the City of Eagle. This parcel is not included in any water or sewer
districts.
An application for a lot split has been filed with the City.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): N/A
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
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This parcel is within the Eagle Fire Protection District. An on-site septic system
and well currently serve the site.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance with any provisions of the Eagle City Code.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
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: (None)
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
C. DISCUSSION:
.
It is staffs opinion that the proposed rezone complies with the Comprehensive
Plan.
It is staff s OPiniOn~at the proposed zone is compatible with the zoning and uses
in the surrounding ea.
No non-conforming ses will be created with this rezone.
.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff staff recommended approval of the
requested rezone.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning
Commission on Ju1y 14, 1997, at which time testimony was taken and the public hearing was
closed. The Commission made their recommendation at that time.
B. No oral testimony in opposition to this proposal was presented to the Planning and
Zoning Commission.
C. No oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission.
COMMISSION DECISION:
The Commission recommended approval (three to zero with Maile and Farnworth absent) of
RZ-6-97 for a rezone from A (agricultural) to A-R (agricultural - residential) for Charles H.
Lobdell.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 12, 1997.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on June 27, 1997. 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 23,
1997. Requests for agencies' reviews were transmitted on June 13, 1997 in accordance with
the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone
(RZ-6-97) in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and
Council" and has made the following conclusions with regard to the proposed rezone:
A. The proposed rezone is in accordance with the Comprehensive Plan and established goals
and objectives because the proposed zoning designation of A-R (agricultural - residential)
is in accordance with the Comprehensive Plan land use designation map which shows
low density residential (2 units per acre maximum), and;
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
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provided, to serve any and all uses allowed on this property under the proposed zone,
and;
C. The proposed zone is compatible with the agricultural and rural zoning and agricultural
uses in the surrounding area, and;
D. No non-conforming uses will be created with this rezone.
DATED this 28th day of Ju1y, 1997.
ATTEST:
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