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Findings - PZ - 2000 - A-1-00 & RZ-1-00 - Annex/Rezone From Rt To R1/55.2 Acre/7165 N. Locust Grove ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ANNEXATION AND A REZONE FROM RT (RESIDENTIAL) TO R-l (RESIDENTIAL) FOR CREIGHTON- WESTBEND LC ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-I-OO & RZ-I-OO The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on April 3, 2000. 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: Creighton- W estbend LC, represented by Steve Benad, is requesting approval of an annexation and rezone from RT (Residential-one unit per five acres) to R-l (Residential- one unit per acre). The 55.2-acre site is located on the west side of Locust Grove Road approximately y.¡-mile north of Chin den Boulevard at 7165 N. Locust Grove Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on March 2, 2000. 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 17, 2000. 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 March 17, 2000. Requests for agencies' reviews were transmitted on March 3, 2000, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 28, 1999, the applicant submitted an annexation/rezone application and preliminary plat application for this site called "Undecided Subdivision". On January 14,2000, the applicant withdrew the applications. E. COMPANION APPLICATIONS: PP-2-00 (Wedgewood Subdivision) Page 1 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2000\A-Ol-00 & RZ-OI-00 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential One (l-unit per RT (Residential) Agriculture acre maximum) Proposed No Change R-l (Residential) Residences North of site Residential Two (2-units RT (Residential) Residence/ undeveloped per acre maximum) South of site Residential One (l-unit per R-l (Residential) Residences acre maximum) East of site Residential One (I-unit per R-I-P (Residential) Residences acre maximum) West of site Residential One (l-unit per RT (Residential) Agri cuI turelResidences acre maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. TOTAL ACREAGE OF SITE: 55.2 I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: None provided. 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 from the Central District Health Department and Eagle Fire Department have been received. An approval letter from the water company having jurisdiction is required. 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: City Engineer: All comments within the Engineer's letters dated November 24, 1999, December 21, 1999, and January 4,2000, are of special concern (see attached). Ada County Highway District Central District Health Page 2 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2000\A-Ol-OO & RZ-OI-OO pzf.doc O. Eagle Fire Department Eagle Sewer District LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS PROVIDED WITIDN 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 designation ofR-l (one unit per gross acre maximum) is equal to the one unit 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-l zone (one unit per gross acre maximum) is compatible with the R- 1 zoning designation (one unit per gross acre maximum) and existing lots to the east; d. The proposed R-l zone (one unit per gross acre maximum) is compatible with the RT zoning designation (one unit per five gross acres maximum) and existing agricultural parcels to the north and west since those sites are currently farm land and are planned for residential use at one or fewer dwelling units per acre per the Comprehensive Plan Land Use Map; e. The proposed R-I zone (one unit per gross acre maximum) is compatible with the R- T and R-l zones and existing lots to the south; f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT: 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 April 3, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented by no one. C. Oral testimony in favor of this proposal was presented by no one (not including the Page 3 of 5 K: \Planning Dept\Eagle Applications\RZ&A \20001A -01-00 & RZ-O 1-00 pzf.doc applicant/representative). D. Oral testimony neither in favor nor in opposition to the application was presented to the Planning and Zoning Commission by two (2) individuals who made inquiries regarding the developers intent utilize the shares of water rights allotted to this property; that the natural drainage of the property be left in tact; that the developer should consult with the Drainage District to make sure that the drain water from the developed site can be handled; and that there may environmental issues such as wetlands associated with this property. COMMISSION DECISION: The Commission voted 4 to 0 (Trent Absent) to recommend approval of A-I-OO & RZ-I-00 for annexation and rezone from RT (one unit per five acres) to R-l (one unit per acre) for Creighton- Westbend Lc. CONCLUSIONS OF LAW: 1. The applications for this item were received by the City of Eagle on March 2, 2000. 2. Notice of Public Hearing on the applications 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 17, 2000. 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 March 17, 2000. Requests for agencies' reviews were transmitted on March 3, 2000, 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-OO & RZ-I-OO) 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 designation of R-l (one unit per gross acre maximum) is equal to the one unit 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 including adequate road 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 zone (one unit per gross acre maximum) is compatible with the R-l zoning designation (one unit per gross acre maximum) and existing lots to the south; d. The proposed R-l zone (one unit per gross acre maximum) is compatible with future expected residential zoning to the north and west since those areas have the same Comprehensive Plan Land Use Map designation as this site (one dwelling unit per gross acre maximum); e. The proposed R-l zone (one units per gross acre maximum) is compatible with the R-I-P zone and existing lots to the east; f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; Page 4 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2000\A-Ol-00 & RZ-OI-00 pzf.doc DATED this 17th day of April, 2000. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ad~ ::1¿¿ 7' -r, ~~o John Franden, Chairman .=5"-r~Hb,v ì::>c:-z:r:oo6¡ UI-ca CH Aì¡f,<.fÆÑ ATTEST: ~ /1, 0 f It1 ,..,~~ Jl.Q ..~~.1J""'!ÞD".V'(~~. ~ ' "~ "'3 '~ .,. G~ ~ 1(. ~ ¡ (.j l ."\?Ofl4.,,, \. í Sharoft Moore, Eagle City Cle k "'. t,: tJc . -..... ~'~ ."j.. ~ .,', ..Jr....- «>- "r( '0 '" 7\ U .. '" ;; ~'."'.".','.'."~,-,\"...".';r,,:"'".,!~ ,.,,: ~ ,'C'.', <, .'. ,I" ," " 0;. """"'""4<"')'" \~~;~:;':,,:.:-~',~.. ,: ~ <7:./' """""'.,'J-' ~""'- ..::~ ~~:~~ ¡:. J) >.' Page 5 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2000\A-OI-OO & RZ-OI-00 pzf.doc