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Findings - PZ - 1998 - RZ-1-98 - Rz From A To R3 And R4/39.67 Acre/1020 Floating Feather Rd "0' BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE FROM A (AGRICULTURAL) TO R-3 (RESIDENTIAL) AND R-4 (RESIDENTIAL) FOR FOREST AND DALE PROHASKA AND CEDAR FALLS PARTNERSHIP ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-1-98 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on March 16, 1998. 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. B. PROJECT SUMMARY: Forest and Dale Prohaska and Cedar Falls Partnership, represented by Wayne Forrey with Hubble Engineering, are requesting a rezone from A (Agriculture) to R-3 (Residential three units per acre maximum) and R-4 (Residential four units per acre maximum). The 39.67-acre site is located on the on the north side of Floating Feather Road approximately %-mile east of Eagle Road at 1020 Floating Feather Road. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on January 29, 1998. 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 February 13, 1998. 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 February 12, 1998. Requests for agencies' reviews were transmitted on January 30, 1998 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: A portion of the proposed Feather Nest Estates Subdivision was previously reviewed by the City as Oxford Subdivision. On May 23, 1996, the City Council denied Oxford Subdivision and rezone generally based upon the facts that sewer Page 1 of 6 \\Eagle 1 \yoll \SHARED\P&Z\Eagle Applications\RZ&A \1998\RZ-1-98 pzf.doc service was unavailable and a road connection to Floating Feather Road was not proposed. An attached letter from the Eagle Sewer District indicates that sewer service is now available and the new subdivision proposal includes additional land which provides a road connection to Floating Feather Road. E. CO MP ANION APPLI CATIONS: Preliminary Plat (PP-I-98) for Feather Nest Estates Subdivision F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Medium Density A (agriculture) Agriculture Use Residential (4-units per acre maximum) Proposed No Change R-3 & R-4 (Residential) Residential Subdivision North of site Medium Density A (agriculture) Agriculture Use Residential (4-units per acre maximum) South of site Medium Density R-4 (Residential) Residential Subdivision Residential (4-units per acre maximum) East of site Medium Density R-2-P (Residential PUD) Residential Subdivision Residential (4-units (PUD) per acre maximum) West of site Medium Density A (agri'culture) Agriculture Use Residential (4-units per acre maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. TOTAL ACREAGE OF SITE: 39.67-acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: "The Comprehensive Plan anticipates medium density residential development for this property. Neighboring properties have been developed, or are in the process of being developed, into residential subdivisions. It is no longer economically feasible to farm this property. It is the owner's desire to develop this property into a very nice, high quality residential subdivision to compliment the neighborhood," Page 2 of 6 \\Eagle 1 \yoll \SHARED\P&Z\Eagle Applications\RZ&A \1998\RZ-1-98 pzf.doc 1. K. L. M. N. APPLICANT'S STATEMENT OF mSTIFICA TION OF A DEVELOPMENT AGREEMENT (if applicable): N/a AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Preliminary approval letters from the ACHD, Eagle Fire Department, EM2, and Eagle Sewer District and Meridian School District have been received by the City. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. NON-CONFORMING USES: Based upon the information available, the proposed rezone is in conformance with applicable provisions of the Eagle City Code. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated February 26, 1998 are of special concern (see attached). Ada County Highway District Central District Health Division of Environmental Quality Eagle Fire Department EM2 Eagle Sewer District Meridian School District - Comments within their letter dated March 10, 1998, are of special concern (see attached). O. LETTERS FROM THE PUBLIC: Three letters were received on March 16, 1998. They were read into the record. The letters were from Mr. And Mrs. Douglas R. Thomas, John & Klinda Holt, and Lexington Hills Homeowner's association Director, Dennis 1. Whitmorre. ST AFF 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) Page 3 of 6 \\Eaglel \voll \SHARED\P&Z\Eagle Applications\RZ&A \1998\RZ-1-98 pzf.doc C. DISCUSSION: . With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designations of R-3 (three dwelling units per gross acre maximum) and R-4 (four dwelling units per gross acre maximum) are both equal to or less than the four dwelling units per gross acre maximum 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, or are expected to be provided, to serve any and all uses allowed on this property under the proposed zone; c. The proposed R-3 zone (three dwelling units per gross acre maximum) is compatible with the R-2-P zone (Planned Unit Development allowing up to 2.3 dwelling units per gross acre maximum) and single family land use to the east as long as large lots (similar to the existing large lots in Lexington Hills Subdivision to the east) are provided along this site's easterly boundary; d. The proposed R-4 zone (four dwelling units per gross acre maximum) is compatible with the R-4 zoning designation and single family land use to the south; e. The proposed zoning is compatible with future expected residential zoning to the north and west since that area has the same Comprehensive Plan Land Use Map designation as this site (four dwelling units per gross acre maximum); f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and g. No non-conforming uses are expected to be created with this rezone. ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: If the applicant can address of the concerns of the Meridian School District (as noted in the attached letter), based upon the information provided to staff to date, staff recommends approval of the requested rezone. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on March 16, 1998, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Although two individuals had signed up to speak, no oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission. C. Although two individuals had signed up to speak, no oral testimony in favor of this proposal Page 4 of 6 \ \Eagle 1 \voll \SHARED\P&Z\Eagle Applications\RZ&A \ 1998\RZ-1-98 pzf.doc was presented to the Planning and Zoning Commission. COMMISSION DECISION: The Commission recommended approval (five to zero) of RZ-1-98 for a rezone from A (Agriculture) to R-3 (Residential three units per acre maximum) and R-4 (Residential four units per acre maximum) for Forest and Dale Prohaska and Cedar Falls Partnership. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on January 29, 1998. 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 February 13, 1998. 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 February 12, 1998. Requests for agencies' reviews were transmitted on January 30, 1998 in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-1-98) 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 is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designations of R-3 (three dwelling units per gross acre maximum) and R-4 (four dwelling units per gross acre maximum) are both equal to or less than the four dwelling units per gross acre maximum 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, or are expected to be provided, to serve any and all uses allowed on this property under the proposed zone; c. The proposed R-3 zone (three dwelling units per gross acre maximum) is compatible with the R-2-P zone (Planned Unit Development allowing up to 2.3 dwelling units per gross acre maximum) and single family land use to the east as long as large lots (similar to the existing large lots in Lexington Hills Subdivision to the east) are provided along this site's easterly boundary; d. The proposed R-4 zone (four dwelling units per gross acre maximum) is compatible with the R-4 zoning designation and single family land use to the south; e. The proposed zoning is compatible with future expected residential zoning to the north and west since that area has the same Comprehensive Plan Land Use Map designation as this site (four dwelling units per gross acre maximum); f. The land proposed for rezone is not located within a "Hazard Area" or Page 5 of 6 \\Eagle 1 \voll \SHARED\P&Z\Eagle Applications\RZ&A \ 1998\RZ-1-98 pzf.doc "Special Area" as described within the Comprehensive Plan; and g. No non-conforming uses are expected to be created with this rezone. DATED this 20th day of April, 1998. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Q=~~~ - Don Brinton, Chairman ATTEST: ~. -,......~ - -4, Of BJiG~ I ~ .."'-", "(~ "- I tJ ¡t- ~,oa<1~:\ . \ I 1ft CJO .~.- ~ 1* \ \ \~ sEAL J.1 Š ~....!ô -...;:: ~~ f.~'8'~'!t ~ .Æ.~. £1/ ~,,- ..f!.~.ã.~~lI-. <~ I!." ;'/4 Ot: {\)t ..þo.; ~.~ 4- "~ "Jl'l'iI't"".'" Page 6 of 6 \\Eagle 1 \voll \SHARED\P&Z\Eagle Applications\RZ&A \ 1998\RZ-1-98 pzf.doc