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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. ) ) ) ) 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) ;~.. Page 1 of 5 K:\Planning DeptlEagle ApplicationslRZ&AI2000IA-OS-OO & RZ-13-00 pzf.doc 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 Page 2 of 5 K:\Planning DeptlEagle Application.sIRZ&AI2000IA-OS-OO & RZ-13-00 pzf.doc 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 Page 3 of 5 K:\Planillng DeptlEagle Application.sIRZ&AI2000IA-OS-OO & RZ-13-00 pzf.doc 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 Page 4 of 5 K:\Planning DeptlEagle Application.sIRZ&AI2000\A-OS-OO & RZ-13-00 pzf.doc 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 a Cou ty, aho ~