Findings - CC - 2016 - A-2-00/RZ-1-00 - 7165 N Locust Grove Rd.
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
ANNEXA TION AND A REZONE FROM RT
(RESIDENTIAL) TO R-l (RESIDENTIAL) FOR
CREIGHTON- WESTBEND LC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2-00 & RZ-I-OO
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on May 9, 2000. 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:
Creighton-Westbend 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 14-mile north of Chinden 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
DESIGNA TION DESIGNA TION
Existing Residential One (I-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 (I-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 (I-unit per RT (Residential) A gricu I ture/Residences
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 55.2
1.
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.
A V AILABILITY 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
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O.
Central District Health
Eagle Fire Department
Eagle Sewer District
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 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 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 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-l 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 WITHIN 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,
2000, 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.
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C. Oral testimony in favor of this proposal was presented by no one (not including the
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-2-00 & 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.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 9, 2000, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representati ve).
D. Oral testimony neither in favor nor in opposition to the application was presented to the City Council
by four (4) individuals with concerns regarding how future maintenance will be handled of that portion
of Locust Grove Road which provides access to existing residences on the north site of the bench -
requests that ACHD continue to maintain the road; concerns regarding capacity and traffic congestion
on Locust Grove Road; Thurman Mill Ditch is not the correct name for the ditch shown on the site - it
is a water drainage district, Drainage District #2;
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-2-00 & 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 app the app the app the appPlanning 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.
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 April 24, 2000.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the
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subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on April 21, 2000.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-2-00 & 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;
DATED this 13th day of June, 2000.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Co , Idaho
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