Findings - CC - 2000 - A-4-00/RZ-3-00 - Annex/Rezone From Rt To Re/15 Acre Site
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR ANNEXATION AND A REZONE
FROM RT (RURAL TRANSITION)
TO R-E (RESIDENTIAL ESTATES) FOR
F AM DEVELOPERS INC.
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A -4-00/RZ-3-00
The above-entitled rezone application came before the Eagle City Council for their decision on
October 17, 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:
FAM Developers Inc., represented by Roylance and Associates P.A., is requesting
annexation and a rezone from RT (Residential- one unit per five acres) to R-E
(Residential- one unit per two acres). The 15-acre site is located at the northeast
comer of Ballantyne Lane and Floating Feather Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 4, 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 June 3, 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 June 2, 2000. Requests for agencies'
reviews were transmitted on May 19, 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 September 23, 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 September 19, 2000. Requests for agencies' reviews
were transmitted on May 19, 2000, in accordance with the requirements of the
Eagle City Code.
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K.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: PP-6-00 (Oakley Estates)
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Estates (one RT (Rural Transition) Residence and agriculture
unit per 2-acres
maximum)
Proposed No Change R-E (Residential Residences
Estates)
North of site Residential Estates (one R-E (Residential Residences
unit per 2-acres Estates)
maximum)
South of site Residential One (I-unit R-l (Residential) Agriculture
per acre maximum)
East of site Residential Estates (one R-E (Residential Residences
unit per 2-acres Estates)
maximum)
West of site Residential Estates (one R-E (Residential Residences
unit per 2-acres Estates)
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 15
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: N/a
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): N/a
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.
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c.
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 letter dated May 9, 2000, are of
special concern (see attached).
Central District Health
Division of Environmental Quality
Drainage District #2 - Ringert Clark
Eagle Fire Department
Eagle Sewer District
O.
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as "Residential Estates"
(one unit per two acres maximum).
B.
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-E (one unit per two acres maximum) is
equal to the one unit per two acres maximum shown on the Comprehensi ve
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-E zone (one unit per two acres maximum) is compatible with
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the R-E zoning designation (one unit per two acres maximum) and existing
lots to the north, east, and west;
d. The proposed R-E zone (one unit per two acres maximum) is compatible with
future expected residential zoning to the south since that area has a similar
Comprehensive Plan Land Use Map designation (one dwelling unit per gross
acre maximum);
. 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
August 14,2000, 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 to the Planning and Zoning
Commission by two individuals who stated that there should be some buffering from the
development and that density should be controlled.
C. Eleven written letters were received in opposition to the proposal and were entered into the
record.
D. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission recommended approval (two aye, one nay, one absent) of RZ-3-00 for a rezone
from RT (Rural Transition) to R-E (Residential Estates).
PUBLIC HEARING OF THE CITY COUNCIL:
A. A public hearing on the application was held before the City Council on October 17, 2000, at
which time testimony was taken and the public hearing was closed. The City 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.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve A-4-00/RZ-3-00 for a rezone from RT (Rural Transition) to
R-E (Residential Estates).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 4, 2000.
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 June 3, 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 June 2, 2000.
Requests for agencies' reviews were transmitted on May 19, 2000 in accordance with the
requirements of the Eagle City Code.
3. 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 September 23, 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 September 19,
2000. Requests for agencies' reviews were transmitted on May 19, 2000, in accordance with
the requirements of the Eagle City Code.
4. The City Council reviewed the particular facts and circumstances of this proposed rezone
(RZ-3-00) 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-E is in accordance with the Residential
Estates classification 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 rezone is compatible with the current zoning and uses to the
north, south, east and west since the development of this site will be limited to
residential uses only;
d. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within the Comprehensive Plan;
e. No non-conforming uses are expected to be created with this rezone if the
development agreement as proposed is required and subsequently complied
with.
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----- -- - ----- ----- ----~- - ----- -
DATED thisi7'th day of November, 2000.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
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