Findings - PZ - 2000 - A-5-00 & RZ-13-00 - Annex/Rz From Rt To R1/78.87 Acre/990 E Chinden
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
ANNEXATION AND REZONE FROM RT
(RESIDENTIAL) TO R-l (RESIDENTIAL) FOR
CAPIT AL DEVELOPMENT INC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-5-00 & RZ-13-00
The above-entitled rezone with a preliminary plat application came before the Eagle Planning
and Zoning Commission for their recommendation on November 20, 2000. The 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.
B.
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. Chin den Boulevard.
APPLICATION SUBMITf AL:
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.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: PP-I5-00 (Castlebury Subdivision)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential One (I-unit RT (Residential) Agriculture
per acre maximum)
Proposed No Change R-I (Residential) Residential
North of site Residential Estates (1- RE (Residential) Residential
unit per two acres
maximum)
South of site Not in City of Eagle RT (Ada County Residential/Agriculture
Area of Impact Designation Rural
Transition -- I-unit per 5
acres maximum)
East of site Residential One (I-unit R-I (Residential) / Residential
per acre maximum) proposed rezone from
RT to R-I
West of site Residential Estates (1- RT (Residential) Agri cuI ture/Residen tial
unit per 2-acres
maximum) & Residential
One (I-unit per acre
maximum)
G.
DESIGN REVŒW OVERLAY DISTRICT: Not in the DDA, TDA 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.
AVAILABILITY AND ADEQUACY OF UTILITŒS 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
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L.
M.
N.
water company having jurisdiction is required.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
NON-CONFORMING USES: None
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 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
O.
LETTERS FROM THE PUBLIC: None received to date
ST AFF ANALYSIS:
A.
COMPREHENSIVE PLAN PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
The Comprehensive Plan Land Use Map designates this site as Residential One
(up to one dwelling unit per acre).
B.
ZONING ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL: (None)
C.
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
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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;
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.
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
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accordance with the requirements of the Eagle City Code.
3. The Commission 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;
DATED this 18th day of December, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
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