Findings - CC - 1998 - RZ-1-98 - Rezone From A To R-3/R4
B.
C.
BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action on
May 12, 1998. The Eagle City Council 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:
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.
APPLI CATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 29,
1998.
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.
Notice of Public Hearing on the application for the City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City ordinances on April 24, 1998. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in
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F.
G.
H.
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on April 24, 1998.
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
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.
COMPANION APPLICATIONS:
Preliminary Plat (PP-I-98) for Feather Nest Estates Subdivision
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 POD) Residential Subdivision
Residential (4-units (PUD)
per acre maximum)
West of site Medium Density A (agriculture) Agriculture Use
Residential (4-units
per acre maximum)
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
TOTAL ACREAGE OF SITE: 39.67-acres
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M.
N.
O.
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. "
1.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): N/a
K.
A V AILABILITY 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.
L.
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
Farmers Union Ditch Company
Meridian School District - Comments within their letters dated March 10, 1998, and
March 30, 1998, are of special concern (see attached to staff report).
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 & Linda Holt, and
Lexington Hills Homeowner's association Director, Dennis J. Whitmorre.
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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:
. With regard to Eagle City Code Section 8- 7-S "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.
STAFF 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
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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
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.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on May 12, 1998,
at which time testimony was taken and the public hearing was closed. The Council made
their decision at that time.
B. No oral testimony in opposition to this proposal was presented to the City Council.
C. No oral testimony in favor of this proposal was presented to the City Council.
COUNCIL DECISION:
The Council approved (three to zero - Merrill absent) 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.
Notice of Public Hearing on the application for the City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on April
24, 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 April 24, 1998.
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3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-1-
98) with regard to Eagle City Code Section 8-7-S "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
"Special Area" as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
DATED this 26th day of May, 1998.
CITY COUNCIL OF THE CITY OF EAGLE
Ada C nty, Idaho
ayor
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