Findings - CC - 2001 - A-5-00/RZ-13-00 - 990 E Chinden Annex/Rezone From Rt To R1/78.87 Acr
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
ANNEXATION AND REZONE FROM RT
(RESIDENTIAL) TO R-l (RESIDENTIAL) FOR
CAPITAL DEVELOPMENT INC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-5-00 & RZ-13-00
The above-entitled preliminary plat application came before the Eagle City Council for their action on
January 9, 2001. 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:
Capital Development Inc., represented by Jim Howard with JJ Howard Engineering, is
requesting an annexation and rezone from RT (Residential- one unit per five acres) to R-
I (Residential- one unit per acre). The 78.87-acre site is located north of Chinden
Boulevard approximately I-mile west of Locust Grove Road at 990 E. Chinden
Boulevard.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 20, 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 November 4, 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 November 3, 2000. Requests for agencies' reviews were transmitted on
September 28, 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 December 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 December 20,
2000.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: PP-15-00 (Castlebury 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 (I-unit per RT (Residential) Agriculture
acre maximum)
Proposed No Change R-I (Residential) Residential
North of site Residential Estates (I-unit RE (Residential) Residential
per two acres maximum)
South of site Not in City of Eagle Area RT (Ada County Residential/Agriculture
of Impact Designation Rural
Transition -- I-unit per 5
acres maximum)
East of site Residential One (I-unit per R-I (Residential) / Residential
acre maximum) proposed rezone from RT
to R-I
West of site Residential Estates (I-unit RT (Residential) Agric ul ture/Residen tial
per 2-acres maximum) &
Residential One (I-unit per
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 78.87
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The applicant states that this rezone is justified because the abutting parcels are currently
or proposed to be residential, the R-I zoning is in compliance with the Comprehensive
plan and that the existing dairy farm is incompatible with the surrounding residential uses.
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 (with conditions) from the Central District Health Department
and Eagle Fire Department have been received. The Eagle Sewer District states that it will
be necessary for the development to employ on-site sewage disposal. 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: None
N.
AGENCY RESPONSES:
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O.
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 September 29, 2000, are of
special concern (see attached).
Ada County Highway District
Central District Health
Department of Environmental Equality
Eagle Fire Department
Eagle Sewer District
Meridian Joint School District No.2
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS:
A.
B.
C.
COMPREHENSIVE PLAN PROVISIONS
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map designates this site as Residential One (up to one
dwelling unit per acre).
WHICH ARE OF SPECIAL CONCERN
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-I (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-I zone (one unit per gross acre maximum) is compatible with the
proposed R-I zoning designation (one unit per gross acre maximum) and proposed
lots to the east;
d. The proposed R-I zone (one unit per gross acre maximum) is compatible with the RE
zoning designation (one unit per two gross acres maximum) to the north and existing
agricultural and residential parcels to the west since those sites are currently
residential/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
(Ada County designation) zone 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;
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STAFF RECOMMENDATION:
Based upon the information provided to staff to date staff recommends approval of the requested
annexation and rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 20, 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 five individuals concerned with the higher zoning designation, that landscaping occur between
Spyglass Subdivision and that the Zinger Lateral has a right of way across the property.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend that the request for approval of A-5-00/RZ-13-00 be
granted as presented.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application and parallel preliminary plat application (PP-I5-00 Castlebury
Subdivision) was held before the City Council on January 9,2001, 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 nine (9) individuals
concerned with the increased traffic and traffic congestion, school overcrowding, that the density is too
high - lots should be larger, that the perimeter lots are not compatible with existing lot surrounding the
site, that landscaping occur between this site and Spyglass Subdivision and that Spyglass Subdivision,
concerns that if a signal light is installed on Locust Grove Road and a street connection is made from
this site to Spyglass then the cut-thru traffic will increase within Spyglass Subdivision, that the
installation of speed bumps on the streets may help deter cut-thru traffic, that meandering streets would
provide for a better, safer design than the one proposed with straight streets, that Chinden Boulevard
need a deceleration lane at the entrance to this site, and that the Zinger Lateral has a right of way
across the property.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant or the representatives).
D. Written testimony in favor to this proposal was presented to the City Council by one (1) individual
who felt the proposed subdivision would be an asset to the community. The letter date stamped by the
City on January 5,2001, is incorporated into these findings by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-5-00/RZ-13-00 for annexation and a rezone from RT
(Rural Transition) to R-I (Residential).
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 20, 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 November 4, 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 November 3, 2000. Requests for agencies' reviews
were transmitted on September 28, 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 December 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 December 20, 2000.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-13-00) 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-I (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-I zone (one unit per gross acre maximum) is compatible with the existing R-I
zoning designation (one unit per gross acre maximum) and existing and proposed lots to the
east;
d. The proposed R-I zone (one unit per gross acre maximum) is compatible with the R-E and RT
zoning designations (one unit per two gross acres maximum and one unit per five acres
maximum) and existing agricultural and residential parcels to the north and west since those
sites are currently residential/farm land and are planned for residential use at one or fewer
dwelling units per two acres and one dwelling unit 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 RT (Ada
County designation) zone and existing agricultural and residential parcels 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;
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DATED this 13th day of February, 2001.
CITY COUNCIL OF THE CITY OF EAGLE
Ada unty, Idaho
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