Findings - CC - 2001 - A-3-01/RZ-06-01 - Rezone Upon Annex/From Rut To Re/61.94 Acre
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
ANNEXATION AND REZONE FROM RUT
TO R-E FOR JOE GLAISYERICAPITOL
SECURITIES
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-3-01 & RZ-O6-01
The above-entitled annexation and rezone application came before the Eagle City Council for their action
on November 13, 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:
Joe Glaisyer/ Capitol Securities, represented by David Bailey with Hubble Engineering
Inc., is requesting a rezone upon annexation from RUT (Ada County Residential) to R-E
(Residential Estates - one dwelling unit per two acres). The 61.94-acre site is generally
located on the northwest corner of Floating Feather Road and North Meridian Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 31, 2001.
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 July 21, 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 July 18,2001. Requests for agencies' reviews were transmitted on June 1, 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 October 27, 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 October 24,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: PP-6-01 (Cavallo Estates Subdivision)
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L.
M.
N.
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates (I-unit RUT (Residential) Residence/Agriculture
per 2-acres maximum)
Proposed No Change R-E (Residential-Estates) Residential Subdivision
North of site Residential Estates (I-unit RUT (Residential- Ada ResidentiaV Agriculture
per 2-acres maximum) County designation)
South of site Residential One (I-unit per RUT (Residential- Ada Residential
acre maximum) County designation)
East of site Residential Estates (I-unit RUT (Residential- Ada Residential
per 2-acres maximum) County designation)
West of site Residential Estates (I-unit RUT (Residential- Ada ResidentiaV Agriculture
per 2-acres maximum) County designation) & Rl
(Residential - Ada County
designation)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 61.94-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated May 31, 2001, provided by the applicant's
representative (incorporated herein by reference).
J.
APPLICANT'S STATEMENT OF mSTIFICA TION OF A DEVELOPMENT AGREEMENT (if
applicable): N/a
K.
AVAILABILITY AND ADEQUACY OF UTILITIES 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 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:
Ada County Highway District
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Central District Health
Department of Environmental Equality
Eagle Fire Department
Eagle Sewer District
New Union Ditch Company
O.
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
c.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates (up
to one dwelling unit per 2-acres).
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
DISCUSSION:
ST AFF RECOMMENDED FINDINGS:
.
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-E (one unit per two-acres maximum) is equal
to the one unit per two-acres maximum as 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 single-family dwelling units on this property under
the proposed zone;
c. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) to the south since those sites are currently 5-acre
residential parcels and since the Comprehensive Plan Land Use Map designates the
area for residential uses at one or fewer dwelling units per acre;
d. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT and Rl (Ada County designations) zones to the north, east and west since those
sites are currently residentiaVfarm land since the Comprehensive Plan Land Use Map
designates the area for residential use at one or fewer dwelling units per two acres;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone upon annexation.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 4, 2001, at which time testimony was taken and the public hearing remained open. The
Commission continued this matter until September 10, 2001, and then to September 17, 2001,
received additional testimony, closed the public hearing and made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by five (5) individuals with concerns regarding the creation of 2-acre parcels in the area and how this
will cause a spread of increased density throughout the area; road alignment and the need for a design
to mitigate headlight glare; dust abatement and weed control; irrigation water and the effects on
existing wells; and the amount of traffic that would be generated by the development.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals who felt the developer performs quality work, and two acre parcels are more
manageable in regards to weed control and irrigation.
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by seven (7) individuals with concerns regarding increased traffic; increased demand on
schools and other services; change in rural character and integrity of the City; and the incompatibility
of two-acre lots with the existing 5-acre lots surrounding this site.
E. Written testimony in favor of this proposal was presented to the Planning and Zoning Commission by
seven (7) individuals who felt the design of the subdivision was well laid out; two-acre lots are more
manageable than five-acre lots; the owners of the land sold for this development deserve the rewards of
selling the property; and feel confident that irrigation issues will be adequately addressed.
F. A petition signed by fifty-five (55) individuals in opposition to this proposal was presented to the
Planning and Zoning Commission.
COMMISSION DECISION:
The Commission voted 2 to 1 (Bloom against) (Cadwell, Deckers absent) to recommend approval
of A-3-01 & RZ-6-01 for a rezone upon annexation from RUT (Ada County Residential) to R-E
(Residential-Estates - up to one dwelling unit per two-acres) for Joe Glaisyer/Capitol Securities
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 13, 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 no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative) .
COUNCIL DECISION:
The Council voted 3 to 1 (Sedlacek against) to approve A-3-01 & RZ-6-01 for an annexation and
rezone from RUT (Ada County designation) to R-E (Residential-Estates - up to one dwelling unit
per two acres) for Joe Glaisyer/Capitol Securities.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 31,2001.
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 July 21, 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 July 18, 2001. Requests for agencies' reviews were
transmitted on June 1, 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 October 27,
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 October 24,2001.
3. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-03-01 & RZ-6-01) 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 in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a.
The requested zoning designation of R-E (one unit per two-acres maximum) is
equal to the one unit per two-acres maximum as shown on the Comprehensive Plan
Land Use Map;
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 single-family dwelling units on this property
under the proposed zone. This information does not include the provision of
individual wells and individual septic systems. Central District Health Department
approval of these systems will be required;
The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County Residential) zoning designation and land uses to the south since
those sites are currently 5-acre residential parcels and since the Comprehensive
Plan Land Use Map designates the area for residential uses at one or fewer
dwelling units per acre;
The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT and Rl (Ada County designations) zoning designations and land uses to the
north, east and west since those sites are currently residentiaVfarm land since the
area anticipated to develop with similar residential densities as it is shown at one or
fewer dwelling units per two acres as indicated on the Comprehensive Plan Land
Use Map;
The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan;
b.
c.
d.
e.
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DATED this 27th day of November 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Count, Idaho
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