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)
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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
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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
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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;
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DATED this 17th day of April, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ad~ ::1¿¿
7' -r, ~~o
John Franden, Chairman
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