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Findings - PZ - 2000 - RZ-7-00 - Rz From A-R To R-E/40 Acre Site/1701 Ballantyne Lane ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) A REZONE FROM A-R (AGRICULTURAL - ) RESIDENTIAL) TO R-E (RESIDENTIAL ESTATES) ) FOR TAHOE DEVELOPMENT LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LA W CASE NUMBER RZ- 7 -00 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on August 14, 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: Tahoe Development LLC, represented by Mark Butler with Land Consultants Inc., is requesting approval of a rezone from A-R (Agricultural-Residential - one unit per five acres) to R-E (Residential Estates - one unit per two acres). The 40-acre site is located on the west side of Ballantyne Lane approximately 'A-mile north of Floating Feather Road at 1701 Ballantyne Lane. B. APPLICATION SUBMITI AL: The application for this item was received by the City of Eagle on May 18, 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 16, 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 16, 2000. Requests for agencies' reviews were transmitted on May 19,2000 in accordance with the requirements of the Eagle City Code. D. mSTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: PP-8-00 (Tahoe Ridge Subdivision) Page 1 of 5 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\RZ&A \2000\RZ-O7 -00 pzf1.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Residential Estates (one A-R (Agricultural- Agriculture unit per 2-acres Residential) maximum) Proposed No Change R-E (Residential Estates) Residences North of site Residential Estates (one RT (Rural Transition) Agriculture & Residences unit per 2-acres maximum) South of site Residential Estates (one R-E (Residential Estates) Agriculture & Residences unit per 2-acres maximum) East of site Residential Estates (one R-E (Residential Estates) Residences unit per 2-acres maximum) West of site Residential Estates (one R-E (Residential Estates) Residences unit per 2-acres maximum) G. DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA. H. TOTAL ACREAGE OF SITE: 40-acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See attached justification letter dated May 11,2000, provided by the applicant's representative. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): N/a K. A V AILABll.lTY 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 Page 2 of 5 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\RZ&A \2000\RZ-O7 -00 pzf1.doc N. O. applicable provisions of the Eagle City Code. 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 June 19, 2000 are of special concern (see attached). Ada County Highway District Central District Health Eagle Fire Department Eagle Sewer District LEITERS FROM THE PUBLIC: Letter from Mark Richey, dated July 7,2000. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. B. c. 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). 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 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-E zone (one unit per two acres maximum) is compatible with the R-E zoning designation (one unit per two acres maximum) and existing lots to the south, east, and west; d. The proposed R-E zone (one unit per two acres maximum) is compatible with future expected residential zoning to the north since that area has a similar Page 3 of 5 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\RZ&A \2000\RZ-O7 -00 pzfl.doc .- ------.._--- ---- --- Comprehensive Plan Land Use Map designation (one dwelling unit per gross acre maximum); e. 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 where concerned with traffic in the development and water supply for irrigation.. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one. COMMISSION DECISION: 1. The Commission recommended approval (2 aye, 1 nay, one absent) of RZ- 7 -00 for a rezone from A-R (Agricultural-Residential) to R-E(Residential Estates) for Tahoe Development LLc. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on May 18, 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 16,2000. 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 16, 2000. Requests for agencies' reviews were transmitted on May 19, 2000 in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-7-00) 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 with development agreement is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: Page 4 of 5 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\RZ&A \2000\RZ-O7 -00 pzf1.doc --~._--~u~--~~-~~ ~--~~-._~ --~-- .-.---- 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 and future zoning and uses to the east, west and north and south; 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. DATED this 28th day of August, 2000. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho - # - ~hairm,", 9~ Sì-~~ Ùc.s OtAì~ ATTEST: ¡;11> ;O~;-;-?~~ ...,1'~.-""'G',ï..Þ(' .,:t"'" "'~"'"""":'" ..: ~ "i!! J' 'y'" .{~ '" ,...> ~ !! t; ~.>'."?o-:!,~ .,.'~ t. '" !~ ,..,.> .",/> ':'" ,\" ~ " ""',.. " ., ~ \' xi. ¡;;x ~ 'f. r, .. ..: l'..~ ;; \'/ :.; '\ ,. //)1 ~~ {.. ,'" .+ ~"~<.. ~ :--~;: :~:~l}';'}:>/ Â~ K. ~~ Sharon Moore, Eagle City C rk Page 5 of 5 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\RZ&A \2000\RZ-07 -00 pzfl.doc