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Findings - PZ - 2000 - RZ-15-00 - Rezone From Agriculture To R3 & Ps/49.84 Acre ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION 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) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-15-00 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on December 4, 2000. The Commission continued the item to December 18, 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: 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 comer 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. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: PP-17-00 (Preliminary Plat for Red Leaf Heights) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Page 1 of 6 C:\windows\TEMP\RZ-15-00 pzf.doc L. M. N. COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Residential Three (3- A (Agricultural) Vacant/Pasture units 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- R-2-DA-P (Residential- Residential units per acre max.) Planned Unit Dev.) South of site Residential Four (4- R-4 (Residential) ResidentialIMulti Family units per acre max.) & Mixed Use East of site Residential Four (4- R-4 (Residential) & PS Residential & Eagle Hills units 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, IDA or CEDA. H. TOTAL ACREAGE OF SITE: 49.84-acres I. 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. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. 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. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: Page 2 of 6 C:\windows\TEMP\RZ-15-00 pzf.doc 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 Department of Environmental Quality Eagle Fire Department Eagle Sewer District Farmer's Union Ditch Company Joint School District No.2 O. LETTERS FROM THE PUBLIC: Varna R. Fuller, 1063 N. Eagle Road -- November 20,2000. Dianna Gould Brunzell, 844 Fruitwood Place - November 22, 2000. ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. 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. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) C. 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 Page 3 of 6 C:\windows\TEMP\RZ-15-00 pzf.doc 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. 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 comer 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-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. Page 4 of 6 C:\windows\TEMP\RZ-15-0Q pzf.doc 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. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-15-00) 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. DATED this 2nd day of January, 2001. ~n Franden, Chairman ATTEST: Page 5 of 6 C:\windows\TEMP\RZ-15-00 pzf.doc - ~ ~ ------ \L- ~ Sharon Moore, Eagle City Clerk ~..M&II ~ Of B4Q "cf /"" ......~~~ r_,.t o.~ 1- . (\J° ~ *".. -.-J* . EAL ~ û'\. .,....¡(I>~»¡ h~~. ,ð <~c. .i:,ß~.." ~ ..:!~ Of .;.9~ -~I"";~ Page 6 of 6 C:\windows\TEMP\RZ-15-00 pzf.doc