Findings - CC - 2001 - RZ-15-00 - Rezone From A To R3/Ps/49.84 Acres
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A (AGRICULTURAL) TO R-3
(RESIDENTIAL) AND PS (PUBLIC/SEMI-PUBLIC)
FOR HILL VIEW DEVELOPMENT CORPORATION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-15-00
The above-entitled rezone application came before the Eagle City Council for their action on January 23,
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:
Hillview Development Corporation, represented by Mark Butler with Land Consultants
Inc., is requesting a rezone from A (Agricultural) to R-3 & PS (Residential up to three
units per acre and Public/Semi-Public). The 49.84-acre site is located on the southeast
corner of E. Floating Feather Road and N. Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 12, 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 18, 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 17, 2000. Requests for agencies' reviews were transmitted on
October 13, 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 January 8, 2001. 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 January 3,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: PP-I7-00 (Preliminary Plat for Red Leaf Heights)
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three (3-units A (Agricultural) Vacant/Pasture
per acre max.)
Proposed No Change R-3 (Residential) & PS Single family Residential &
(Public/Semi-Public) Public School Access
North of site Residential Two (2-units R-2-DA-P (Residential- Residential
per acre max.) Planned Unit Dev.)
South of site Residential Four (4-units R-4 (Residential) ResidentiallMulti Family
per acre max.) & Mixed
Use
East of site Residential Four (4-units R-4 (Residential) & PS Residential & Eagle Hills
per acre max.) & (Public/Semi-Public) Elementary
Public/Semi-Public
West of site Mixed Use R-4 (Residential) Residential
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 49.84-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter stamped October 11, 2000 (attached).
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): None Proposed
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary review letters from the Eagle Fire Department and Eagle Sewer District have
been received. An approval letter from the appropriate 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 will not create any
noncompliance issues with regard to 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 October 23, 2000, are of
special concern (see attached).
Ada County Highway District
Central District Health
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O.
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company
Joint School District No.2
LETTERS FROM THE PUBLIC:
Vama R. Fuller, 1063 N. Eagle Road -- November 20,2000.
Dianna Gould Brunzell, 844 Fruitwood Place - November 22, 2000.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
e.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Three" (up to
three units per acre maximum).
Chapter 4 - Schools, Public Services and Utilities
4.5
Implementation Strategies
b. Explore legally suitable opportunities for developers to assist in donating or purchasing
school sites identified in the district(s) master facilities plan, according to student demand
created by future land use development.
d. Encourage land use development to reduce street hazards by developing access to elementary
and secondary schools on local streets and/or pathways.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
DISCUSSION:
.
The proposed rezone includes a portion of the subdivision that is to be made available for
Public/Semi-Public use. The applicant is proposing to provide a stub street to Lot 13, Block
15 which is the aforementioned portion of land adjacent to the existing Eagle Hills
Elementary. The intent is to provide a future connection to the school for a second access to
improve traffic circulation.
.
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-3 is in accordance with the Residential-Three
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 public facilities exist, or are expected to be
provided as conditioned herein, to serve any and all uses allowed on this property
under the proposed zone.
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c. The proposed R-3 zone is compatible with the zoning uses to the south, north, west
and east;
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.
ST AFF 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
December 4, 2000, at which time testimony was taken and the public hearing was closed. The item
was continued to December 18, 2000. 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 eight (8) individuals with concerns regarding increased traffic on Floating Feather Road, within
Eagle Knoll Subdivision, and on N. Fruitwood Place; more street lights should be installed on Floating
Feather Road - specifically at the entrance of Eagle Knoll Subdivision; concerns regarding
construction traffic; additional concerns regarding connector streets between this development and
existing subdivisions surrounding this site, water and sewer supplies, headlights from additional traffic
on surrounding properties, safety of children on N. Fruitwood Way - need a three way stop sign at the
corner off E. Knoll Dr. and N. Fruitwood Way, and need a sign prohibiting the trash and foul language
from construction workers.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-I5-00 for a rezone from A
(Agricultural) to R-3 (Residential-three units per acre maximum) and PS (Public/Semi-Public) for
Hillview Development Corporation.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application and parallel preliminary plat application (PP-I7 -00) was held
before the City Council on January 23,2001, 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 three (3) individuals
with concerns regarding increased traffic within Eagle Knoll Subdivision, and on N. Fruitwood Place;
concerns regarding construction traffic; additional concerns regarding connector streets between this
development and existing subdivisions surrounding this site, safety of children on N. Fruitwood Way -
need a three way stop sign at the corner off E. Knoll Dr. and N. Fruitwood Way, all way stop near
common lot, other traffic calming devices, and need a sign prohibiting the trash and foul language
from construction workers.
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual (not
including the applicant or the representatives) who felt the developer worked well with the surrounding
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property owners.
D. Written testimony in opposition to this proposal was presented to the City Council by thirty-one (31)
individuals (via petition) who felt the proposed subdivision should be required to have single story
homes along the southern boundary of the site and also, concerns about the loss of privacy. The letter
date stamped by the City on January 23, 2001, is incorporated into these findings by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-15-00 for a rezone from A (Agricultural) to R-3
(Residential-three units per acre maximum) and PS (Public/Semi-Public) for Hillview
Development Corporation.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 12,2000.
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 18, 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 17,2000. Requests for agencies'
reviews were transmitted on October 13, 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 January 8,
2001. 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 January 3, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-I5-00) 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-3 is in accordance with the Residential-Three
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 public facilities exist, or are expected to be
provided as conditioned herein, to serve any and all uses allowed on this property
under the proposed zone.
c. The proposed R-3 zone is compatible with the zoning and residential uses to the
south, north, west and east;
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.
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DATED this 27 day of February, 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co ty, Idaho
ATTEST:
1..l (K--<9- 'Ý-- ~ ~
/sharon Moore, Eagle City Cle k
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