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)
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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 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
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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
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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:
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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
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ATTEST:
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Sharon Moore, Eagle City C rk
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