Findings - CC - 2001 - RZ-04-01 - Rz From Ar To Re/3.9/1343 E Beacon Light Rd
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A-R (AGRICULTURE-RESIDENTIAL)
TO R-E (RESIDENTIAL-ESTATES) FOR J. L. GHENT, INc.
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-O4-01
The above-entitled rezone application came before the Eagle City Council for their action on September
18,2001. 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:
J. L. Ghent, Inc., represented by Jaret Ghent, is requesting a rezone from A-R
(Agricultural-Residential) to R-E (Residential-Estates). The 3.9-acre site is located on the
southwest corner of East Beacon Light Road and Edgewood Road at 1343 East Beacon
Light Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 30, 2001.
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 30, 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 June 27, 2001. Requests for agencies' reviews were transmitted on June 25,
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 August 25, 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 August 22,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
Page 1 of 5
K:\Planning Dept\Eagle Applications\RZ&A\2001\RZ-O4-01 ccf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates (up to A-R (Agricultural- ResidenceIPasture
one-unit per 2-acres max.) Residential)
Proposed No Change R-E (Residential) Single family Residential
North of site Residential Rural (up to RUT (Ada County ResidenceIPasture
one-unit per 5-acres max.) Designation)
South of site Residential Estates (up to A-R (Agricultural- Residence
one-unit per 2-acres max.) Residential)
East of site Residential Estates (up to A-R (Agricultural- Residence
one-unit per 2-acres max.) Residential)
West of site Residential Estates (up to RUT (Ada County ResidenceIPasture
one-unit per 2-acres max.) Designation)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 3.9-acres (approximate)
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on May 30, 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 Ada County Highway District and Central District
Health have been received. Approval letters from Eagle Fire Department, Eagle Sewer
District and the appropriate water company have not been received.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance issues with regard to provisions of the Eagle City Code.
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
Page 2 of 5
K:\Planning Dept\Eagle Applications\RZ&A\2001\RZ-O4-01 ccf.doc
O.
LETTERS FROM THE PUBLIC: None received at date of issuance of staff report.
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 Estates", suitable
primarily for single-family residential development on acreages which may be in transition
from agricultural to residential use or may combine small-scale agricultural uses with
residential uses. Residential density of up to one dwelling unit per two gross acres may be
considered by the City for this area.
Chapter 6 - Land Use
6.6 - Objectives
c.
To discourage lot splits in approved platted subdivisions.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
e.
DISCUSSION:
.
The applicant has not formally submitted a lot split application to date, however, the
applicant has indicated the intent is for a future lot split to construct another single-family
dwelling unit on the site. The City has in the past approved lot splits within existing
subdivisions in which the property owner desires to construct another single-family
dwelling. The majority of these lot splits were located in areas with 5-acre or larger
parcels and complied with all zoning requirements pertaining to minimum lot size as
stated within Eagle City Code Section 8-2-3.
.
The size of this site is approximately 3.9-acres. Due to the size of the lot the site is
considered a "nonconforming lot of record" (ECC Section 8-5-5) since the minimum lot
size required in the A-R zoning district is 4.7-acres. A rezone of the site to R-E (minimum
lot size is 1.8-acres) would eliminate the non-conforming status of the site in regards to the
minimum lot size. With an R-E zoning designation, the site may be eligible for a lot split
application since two 1.95-acres lots could be created out of the 3.9-acre site and still
comply with the 1.8-acre minimum lot size. City Council approval of a lot split
application is required.
Correction: The R-E zoning designation allows a maximum of one dwelling unit per
two acres. Since the size of the parcel is approximately 3.9-acres only (pending
verification) a maximum of one dwelling unit is permitted at this time.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone.
Page 3 of 5
K:\Planning Dept\Eagle Applications\RZ&A \200 1 \RZ-O4-0 1 ccf.doc
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
13, 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 five (5) individuals with concerns regarding the higher density that potentially could be created and
that subdivision was intended to have 5-acre minimum lot sizes; low aquifer and supply of water for
individual wells, desire to avoid setting precedent for rezoning and lot splits, and proximity to the
floodway.
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 one (1) individual with concerns regarding additional houses in the existing 5-acre
subdivision, lack of public services, and a low aquifer and supply of water for individual wells.
E. A petition in opposition to this proposal was previously submitted to the Planning and Zoning
Commission which was signed by thirty-eight (38) individuals.
COMMISSION DECISION:
The Commission voted 4 to 0 (Deckers absent) to recommend denial of RZ-04-0 1 for a rezone
from A-R (Agriculture-Residential) to R-E (Residential Estates) for J. L. Ghent Inc.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 18, 200 I, 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 six (6)
individuals with concerns regarding low aquifer and supply of water for individual wells, problems
with irrigation water supply, that the subdivision (Rocket Bar Subdivision) was intended to have 5-
acre minimum lot sizes, desire to maintain current quality of life, and proximity to the floodway.
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual
who felt that many immediate neighbors in the area support the rezone.
D. Written testimony in favor of this proposal was presented to the City Council in the fonn of a
petition signed by twenty-two (22) individuals. This petition is incorporated into these findings by
reference.
COUNCIL DECISION:
The Council voted 4 to 0 to deny RZ-04-01 for a rezone from A-R (Agricultural-Residential
up to one dwelling unit per 5-acres) to R-E (Residential- up to one dwelling unit per 2-acres).
Page 4 of 5
K:\Planning Dept\Eagle Applications\RZ&A \2001 \RZ-04-0 1 ccf.doc
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 30, 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 30, 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 June 27,2001. Requests for agencies' reviews were
transmitted on June 25,2001 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 August 25,
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 August 22, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-04-01) 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 with the existing land uses in the area because an R-E
(Residential- up to one dwelling unit per two-acres) zoning designation in this area may allow smaller
lot sizes than those existing residential lot sizes surrounding this site to the north, south, west and east.
DATED this 9th day of October 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co ty, Idaho
ATTEST:
llL~. ~ ~
'-' Sharo~ K. Moore, Eagle City lerk
Page 5 of 5
K:\Planning Dept\Eagle Applications\RZ&A \2001 \RZ-04-0 1 ccf.doc