Findings - CC - 1999 - A-1-99/RZ-2-99 - 30 Acre/Hill Rd/Sh55
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
ANNEXATION AND A REZONE FROM Rl & RT )
(RESIDENTIAL) TO A-R, R-l, R-4 (RESIDENTIAL), )
M-IA (INDUSTRIAL PARK), AND PS (PUBLICI)
SEMI-PUBLIC) FOR THE CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-1-99 & RZ-2-99
The above-entitled annexation and rezone applications came before the Eagle City Council for
their action on June 13, 1999. 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:
The City of Eagle, represented by Mark L. Butler, is requesting approval of an
annexation and rezone from R1 & RT (Residential) to A-R, R-1 & R-4
(Residential), M-1A (Industrial Park), and PS (PublicI Semi Public). The 30+1-
acre site is generally located near the intersection of Hill Road and State Highway
55 (see attached map for exact location).
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 19,
1999.
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 March 10, 1999, March 17,
1999, and on March 24, 1999. Requests for agencies' reviews were transmitted
on February 23, 1999 in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public, RI & RT Vacant & Residential
Residential (4-units per
acre max.), Industrial
Proposed No Change R-1, R-4, M-1A, & PS Vacant & Residential
North of site Residential (4-units per R-I & M-IA Residences, Vacant, &
acre max.), Industrial Gravel Pit
South of site Residential (4-units per R-4 & RT Vacant & Residences
acre max.), Industrial
East of site Residential (4-units per Rl & RT Residences & Gravel Pit
acre max.), Industrial
West of site Residential (4-units per PS, R-I, & R-4 Residences & Vacant
acre max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 30+1-
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: Nla
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): Nla
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters have been received by Central District Health, Eagle
Fire Department, and Eagle Sewer District.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone is in conformance with
applicable 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:
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Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
EM2
O.
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
c.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
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-I, R-4, PS, and M-1A are in
accordance with the equivalent (one unit per gross acre maximum, four units
per gross acre maximum, Public/Semi-Public, and Industrial) designations
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-1, R-4, PS, and M-1A zones are compatible with the
surrounding zones and land uses;
d. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within the Comprehensive Plan; and
e. No non-conforming uses are expected to be created with this rezone.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends approval of the
requested annexation and rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
April 5, 1999, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation on April 19, 1999.
B. Oral testimony in opposition to this proposal was presented by six (6) individuals who voiced
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concerns related to lack of services offered by the City, unwanted industrial zoning, no
benefits in being annexed, losing the rural lifestyle if annexed in to the City, not being able to
raise large animals, and fear of higher taxes if annexed into the City.
C. Oral testimony in favor of this proposal was presented by two (2) individuals. One
individual felt that this proposal would allow the City to acquire more property for park
development. The second individual was in favor because he owned property in the area that
was proposed for annexation and felt that it made sense to add his small piece to the City.
D. Oral testimony neither in favor or against this proposal was presented by one individual
representing ACHD who wanted to make sure ACHD will be able to continue to stockpile
gravel for rural road work needs if their property is annexed into the City.
E. The City Council's representative Mark Butler submitted a memo to the Planning and Zoning
Commission, dated April 12, 1999, providing new information on the rezoning of certain
parcels within this proposal to A-R (Agricultural-Residential) (see attached).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend the following regarding A-1-99 & RZ-2-99:
The City should approve the annexation of all parcels west ofthe new Highway 55 with
the zoning designation as presented on the map that was part of the staff report. The
only parcel that should be annexed on the eastern side of Highway 55 and on the southern
side of Hill Road is the property located at 2809 Hill Road (Patterson's Property) with the
zoning designation as presented on the map that was part of the staff report.
With the exception of the property located at 2809 Hill Road, the Commission
recommends that no properties east of State Highway 55 and south of Hill Road be
annexed into the City. If the City Council chooses to annex those properties east of State
Highway 55 and south of Hill Road, then the Commission recommends that those
properties (except 2809 Hill Road) be given a zoning classification of A-R (Agricultural
Residential).
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on July 13, 1999,
at which time testimony was taken, the public hearing was closed, and the Council made their
decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by one (1)
individual who did not want to be annexed into the City unless the City had something to
offer.
C. Oral testimony in favor of this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4-0 to approve A-1-99/RZ-2-99 for an annexation and rezone from R1
& RT (Residential) to A-R, R-1 & R-4 (Residential), M-1A (Industrial Park), and PS
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(PublicI Semi Public) as shown on Exhibit "B", which is incorporated into these findings
by reference.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 19, 1999.
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 March 10, 1999, March 17, 1999, and on March 24, 1999.
Requests for agencies' reviews were transmitted on February 23, 1999 in accordance with the
requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 16, 1999, June 23, 1999, and on June 30, 1999.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and
rezone (A-1-99 & RZ-2-99) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided (including the memo
submitted by the City Council's representative Mark Butler, dated April 12, 1999) 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-1, R-4, PS, and M-1A are in
accordance with the equivalent (one unit per gross acre maximum, four units
per gross acre maximum, Public/Semi-Public, and Industrial) designations
shown on the Comprehensive Plan Land Use Map;
b. The proposed zoning designation of A-R is not in accordance with the
designation shown on the Comprehensive Plan Land Use Map, however, the
A-R designation is in accordance with the Comprehensive Plan text. In this
case, the text for the area shown as industrial states (Commission comments
have been added in bold): "Suitable primarily (not exclusively) for the
development of technical park/research and development facilities and limited
industrial activities including non-nuisance production, distribution and
storage of goods. All development within this land use category shall be
clean, quiet, free of hazardous or objectionable elements such as noise, odor,
dust, smoke or glare, shall be operated entirely within enclosed structures,
generate little industrial traffic, and be designed to be within a landscaped
setting (Certainly an A-R zoning designation would meet this criteria).
Offices and support commercial activities may also be permitted.
Development within this land use designation should be required to proceed
through the PUD process.
c. 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;
d. The proposed A-R, R-1, R-4, PS, and M-1A zones are compatible with the
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surrounding zones and land uses;
e. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone.
DATED this 12th day of October, 1999.
CITY COUNCIL OF THE CITY OF EAGLE
Ada C nty, Idaho
or
ATTEST:
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