Findings - CC - 2001 - RZ-02-01 - Rz From Ar To R1/Cedro Glen Est/14.39 Acre/Form Ba
D.
E.
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ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A-R (AGRICUL TURE-
RESIDENTIAL) TO R-l (RESIDENTIAL)
FOR RCMPG INVESTMENTS
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-O2-01
The above-entitled rezone application came before the Eagle Council for their action on October 9, 2001.
The Eagle City Council having heard and taken oral and written testimony, and duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
RCMPG Investments, represented by Jean Cariaga with Development Services Inc., is
requesting a rezone from A-R (Agricultural-Residential- one unit per five acres) to R-I
(Residential- one unit per acre) for Cedro Glen Estates Subdivision (a re-subdivision of a
portion of Bakers Acres Subdivision). The 14.39-acre, 17-10t (14-buildable) residential
subdivision is generally located on the southeast corner of Ballantyne Lane and Hereford
Drive.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 19, 200 I.
e.
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 June 2, 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 May 30, 2001. Requests for agencies' reviews were transmitted on April 20,
2001 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 , 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 ,2001.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: PP-3-01 (Preliminary Plat for Cedro Glen Estates
Subdivision) and V AC-I-0l (Vacation to existing public road rights-of-way as platted
within Baker's Acres 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 (up to 1- A-R (Agricultural- Pasture
unit per acre max.) Residential)
Proposed No Change R-l (Residential) Residential Subdivision
North of site Residential One (up to 1- A-R (Agricultural- Residential
unit per acre max.) Residential)
South of site Residential Two (up to A (Agricultural) Pasture
two-units per acre max.)
East of site Residential One (up to 1- A-R (Agricultural- Residential
unit per acre max.) Residential)
West ofsite Residential One (up to 1- R-2-DA-P (Residential - Countryside Estates
unit per acre max.) two units per acre maximum Subdivision
with development
agreement to further limit
residential densities - PUD)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 14.39-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter stamped April 19, 2001 (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 water company having jurisdiction has not
been received.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
A rezone from A-R to an R-l zone in this location will be incompatible with surrounding
land uses.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
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Eagle Fire Department
Eagle Sewer District
Joint School District No.2
New Union Ditch Company
O.
LETTERS FROM THE PUBLIC: None received to date.
STAFF 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 One" (up to
one unit per acre maximum).
Chapter 6 - Land Use
6.1
Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
Land use designations as reflected on the Land Use Map are based on the existing
land use pattern, existing natural physical features such as the Boise River, Dry
Creek and the foothills, floodplain areas, capacity of existing community facilities,
projected population and economic growth, compatibility with other uses of the
land, transportation systems, and the needs of local citizens.
6.7
Implementation Strategies
b.
Establish land use patterns and zoning districts that do not exhaust
available services such as sewer, water, police, file, recreational areas,
highways and transportation systems.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
e.
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
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and objectives because:
a. The requested zoning designation of R -1 is in accordance with the Residential One
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-l zone (up to one unit per acre maximum) is compatible with the
zoning uses to the west (proposed Countryside Estates Subdivision);
d. The proposed R-l zone (one unit per acre maximum) is compatible with the existing
agricultural and residential parcels to the north and to the east since those sites are
currently residentiaVfarm land and are planned for residential use at up to one
dwelling unit per acre per the Comprehensive Plan Land Use Map;
e. The proposed R-l zone (up to one unit per acre maximum) is compatible with future
expected residential zoning to the south since that area has a similar Comprehensive
Plan Land Use Map designation (up to two dwelling units per acre maximum) and
will provide a transition from denser developments that emanate from the Central
Business District;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
STAFF 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 June 18,
2001, 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 ten (10) individuals with concerns regarding the higher density that would be created and that
Baker's Acres Subdivision was intended to have 5-acre minimum lot sizes; insufficient supply of water
for on-demand irrigation, liability of agricultural operations (specifically horses) between the existing
subdivision and this development, increased traffic in the area and the safety of children.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by two (2) individuals with concerns regarding incompatibility of one-acre lots with the
existing 5-acre lots on Hereford Way and the lack of transitioning the smaller lots into the existing
larger lots.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend denial of RZ-02-01 for a rezone from A-R
(Agriculture-Residential) to R-l (Residential) for Cedro Glen Estates Subdivision for RCMPG
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Investments for the reasons as outlined within their Findings of Fact and Conclusions of Law
document dated July 2, 2001.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was scheduled before the City Council on July 24, 2001, and on
August 28, 2001. Testimony was not taken at those times. The item was continued to October 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 ten (10) individuals
with concerns regarding increased residential densities in the area; the fact that Baker's Acres
Subdivision was intended to have 5-acre minimum lot sizes (not one acre lot sizes); insufficient supply
of water for on-demand irrigation; liability and conflict of agricultural operations (ie. horses) between
the existing subdivision and this development; increased traffic in the area and the safety of children.
e. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
D. Written testimony in opposition to this proposal was presented to the City Council by two (2)
individuals with concerns regarding incompatibility of one-acre lots with the existing 5-acre lots on
Hereford Drive and the lack of transitioning the smaller lots into the existing larger lots.
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek abstained) to deny RZ-02-01 for a rezone from A-R
(Agriculture-Residential) to R-l (Residential- one unit per acre) for RCMPG Investments. The
Council agreed that the 2000 Comprehensive Plan Land Use Map's designation of this site as
"Residential One" is intended as a guide and that densities under one unit per acre may be
considered for the site provided, however, that consideration is given, in part, to the compatibility
of the proposed development on surrounding properties. Further, the Council determined that the
site proposed for rezone is in area of transition with many of the properties surrounding the site
being lower density (one or fewer units per five acres) with higher densities generally being
located to the east of the site. A rezone to an R -1 in this specific location will allow for a
development that is not compatible with adjacent properties and existing land uses to the north and
east.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 19, 2001.
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 June 2, 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 May 30, 2001. Requests for agencies' reviews were
transmitted on April 20, 2001 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 July 9, 2001.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the
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subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on July 5, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-02-01) 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 not in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
The proposed rezone is not compatible with the existing residential uses to the north and east as stated
under Council Decision above.
DATED this 27th day of November, 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Id 0
ATTEST:
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Sharon K. Moore, Eagle City C erk
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