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) Page 1 of 6 \\EAGLENTl\COMMON\Planning DeptlEagle Applications\RZ&A\2001\A-O3-01 & RZ-Q6-01 ccf.doc 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 Page 2 of 6 \\EAGLENTI\COMMONIPlanning Dept\Eagle Application.s\RZ&A\2001\A-{l3-01 & RZ-06-01 ccf.doc 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. Page 3 of 6 \IEAGLENTI\COMMONIPlanning Dept\Eagle Applications\RZ&A\2001\A-O3-01 & RZ-Q6-01 cd.doc 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. Page 4 of 6 K\Planning Dept\Eagle Applications\RZ&A 1200 1 IA-O3-0 1 & RZ-06-0 1 ccf.doc --.---- -. --,---- --.------ 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. Page 5 of 6 \\EAGLENTl\COMMONIPlanning Dept\Eagle Applications\RZ&A\2oo11A-O3-01 & RZ-Q6-01 ccf.doc ~-~,------- -~------~-------,._- -- DATED this 27th day of November 2001. CITY COUNCIL OF THE CITY OF EAGLE Ada Count, Idaho Page 6 of 6 \\EAGLENTI\COMMONIPlanning Dept\Eagle Applications\RZ&A\2oo1\A-O3-01 & RZ-Q6-01 ccf.doc