Findings - CC - 2001 - A-2-01/RZ-05-01 - Rezone Upon Annexation From Rut To Re/39.92 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
ANNEXA TION AND REZONE FROM RUT
(RESIDENTIAL) TO R-E (RESIDENTIAL) FOR
PACIFIC RIDGE
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2-01 & RZ-O5-01
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:
Pacific Ridge, represented by David Bailey with Hubble Engineering Inc., is requesting a
rezone upon annexation from RUT (Rural Urban Transitional) to R-E (Residential Estates
- one dwelling unit per two acres). The 39.92-acre site is generally located on the west side
of Ballantyne Road, approximately 1;4 mile south of Beacon Light 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-5-01 (Autumncrest 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 Estates (I-unit RUT (Residential) Residence/Agriculture
per 2-acres maximum)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Estates (I-unit RUT (Residential) Residential
per 2-acres maximum)
South of site Residential Estates (I-unit R-E (Residential) Tahoe Ridge Residential
per 2-acres maximum) Subdivision
East of site Residential Estates (I-unit R-E (Residential) Residential
per 2-acres maximum)
West of site Residential Estates (I-unit RUT (Residential) Residential
per 2-acres maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 39.92-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated May 31, 2001, provided by the applicant's
representati ve.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/a
K.
A V AILABILITY 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.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES: None
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
Department of Environmental Quality
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Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company
New Union Ditch Company
O.
LETTERS FROM THE PUBLIC:
Letter from Lisa Szentes, 2593 W. Brockton Court, date stamped July 30, 2001.
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:
STAFF RECOMMENDED FINDINGS PROVIDED WITHIN THE STAFF REPORT:
.
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 may be 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 R-E
zoning designation (one unit per two-acres maximum) to the south and east;
d. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) zone to the north and west since those sites are
currently residentiaVfarm land and are planned for residential use since the
Comprehensive Plan Land Use Map designates this site as 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, 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 three (3) individuals with concerns regarding the loss of the "country feel" that 2-acre parcels and
higher density will create; incompatibility with existing 5-acre lots surrounding this site; overcrowded
schools; water rights and traffic counts.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (1) individual who felt 2-acre parcels are more manageable than 5-acre parcels and that irrigation
water is sufficient all year.
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. 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 3 to 1 (Bloom against) (Deckers absent) to recommend approval of A-2-01
& RZ-5-01 for a rezone upon annexation from RUT (Ada County designation) to R-E
(Residential-Estates - up to one dwelling unit per two-acres) for Pacific Ridge.
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/representati ve).
D. Written testimony in opposition to this proposal was presented to the City Council by one (1)
individual with concerns regarding a change in density in the area and the incompatibility of two-acre
lots with the existing 5-acre lots surrounding this site.
COUNCIL DECISION:
The Council voted 3 to 1 (Sedlacek against) to approve A-2-01 & RZ-5-01 for an annexation and
rezone from RUT (Ada County designation) to R-E (Residential-Estates - up to one dwelling unit
per two acres) for Pacific Ridge.
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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-02-01 & RZ-5-01) 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
R-E zoning designation (one unit per two-acres maximum) and land uses to the
south and east;
The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) zone and land uses to the north and west since
those sites are currently residences and may be developed at one or fewer dwelling
units per two-acres as shown 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 County, Idaho
Rick yza.
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