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Findings - PZ - 1999 - A-1-99 & RZ-2-99 - A/Rz From R1&Rt To R1&R4/M1a&Ps BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ANNEXATION AND A REZONE FROM Rl & RT (RESIDENTIAL) TO 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 Planning and Zoning Commission for their recommendation on April 19, 1999. 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: The City of Eagle, represented by Mark L. Butler, is requesting approval of an annexation and rezone from Rl & RT (Residential) to R-l & R-4 (Residential), M-IA (Industrial Park), and PS (Public/ 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 Page 1 of 6 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\RZ&A\1999\A-01-99 & RZ-02-99 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Pub lic/Semi -Pub lic, Rl & RT Vacant & Residential Residential (4-units per acre max.), Industrial Proposed No Change R-l, R-4, M-IA, & PS Vacant & Residential North of site Residential (4-units per R-l & 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-l, & 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. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: N/a J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): N/a 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: Page 2 of 6 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\RZ&A\1999\A-01-99 & RZ-02-99 pzf.doc 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-l, R-4, PS, and M-IA 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-l, R-4, PS, and M-IA 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. 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. 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 Page 3 of 6 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\RZ&A\1999\A-01-99 & RZ-02-99 pzf.doc 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 iftheir 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-I-99 & RZ-2-99: The City should approve the annexation of all parcels west of the new Highway 55 with the zoning designation as presented on the map that was part of the staff report (see attached). 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). 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. 3. The Commission reviewed the particular facts and circumstances of this proposed annexation and rezone (A-I-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 Page 4 of 6 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\RZ&A\1999\A-01-99 & RZ-02-99 pzf.doc 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-l, R-4, PS, and M-IA 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 AR 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-l, R-4, PS, and M-IA zones are compatible with the 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. Page 5 of 6 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\RZ&A\1999\A-01-99 & RZ-02-99 pzf.doc DATED this 17th day of May, 1999. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho CiJ ~QQ ß~ Donald Brinton, Chairman ATTEST: ~"òF7~':.~ " ~ 11'","--'.0. ~.. \. : ti/" c~1.'O1l4.>e$\~ \. .. lit. ~o ~ .. *i -0- ~1~ = \ p SEAL!:: : .. .()" ..'.,./ I II-"'.".", \. ~\ a:¡~\'}n f'.'",?,-::.;- () '" ~),A",~ """"¡¡ÓiI~)""",! "~\:' J." ",,* '¡.' '~. ,'f".'" '~)"".;.'" ,;:.1::, OF ..l.' ..~,." "'l~~U;¡~.t"-¡;\; Page 6 of 6 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\RZ&A\l 999\A-0 1-99 & RZ-O2-99 pzf.doc