Findings - CC - 2001 - A-4-01/RZ-07-01 - Rezone Upon Annex From Rut To R4/4.31 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
AN ANNEXATION AND REZONE FROM RUT
TO R-4 FOR NORTHWEST DEVELOPMENT LLC
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-4-01 & RZ-O7-01
The above-entitled annexation and rezone application came before the Eagle City Council for their action
on October 9, 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:
Northwest Development LLc, represented by Matt Munger with Hubble Engineering Inc.,
is requesting a rezone upon annexation from RUT (Rural Urban Transitional) to R-4
(Residential- up to 4 dwelling units per acre). The 4.31-acre site is generally located on
the southwest comer of Floating Feather Road and Horseshoe Bend Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 27, 2001.
I
?
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 August 4,2001. 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 Cjty
Code on August 1, 2001. Requests for agencies' reviews were transmitted on June 27,
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 September 22, 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 September 19,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: PP-7-01 (Addie's Comer Subdivision)
Page 1 of 6
\\EAGLENT1ICOMMON\Planning Dept\Eagle ApplicationsIRZ&AI20011A-04-01 & RZ-O7-01 ccf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four (up to RUT (Residential- Ada Residence/Pasture
four-units per acre County designation)
maximum)
Proposed No Change R-4 (Residential) Residential Subdivision
North of site Residential Four (up to R-4 (Residential) Trail Creek subdivision/
four-units per acre Eagle Fire Station
maximum)
South of site Residential Four (up to A-R (Agricultural- Residence/Pasture
four-units per acre Residential)
maximum)
East of site Residential Estates (I-unit R3 (Residential - Ada Residential Subdivision
per 2-acres maximum) County designation)
West of site Residential Four (up to R-l (Residential) Residence/Pasture
four-units per acre
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 4.31-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated June 25, 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 approval1etters (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 applicant to petition to annex the subject property into the sewer
district for sewage disposal prior to development of the sight. 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,
Page 2 of 6
\\EAGLENT1\COMMON\Planning DeptlEagJe ApplicationslRZ&AI20011A-04-01 & RZ-O7-01 ccf.doc
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Independent School District of Boise City #1
Joint School District No.2
O.
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Four (up to
four dwelling units per acre).
WHICH ARE OF SPECIAL CONCERN
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
c.
DISCUSSION:
.
The letter from the Eagle Sewer District dated July 2, 2001, states that the applicant
must petition to annex the subject property into the District for sewage disposal.
Eagle City Code Section 8-2-1 states in part that centralized sewer facilities are
required in the R-4 zoning district. If the proposed zoning designation of R-4 is
approved with this application, then the applicant should be required to apply for and
receive approval for annexation into the Eagle Sewer District prior to any
development occurring upon the land.
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 is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R-4 (up to four units per acre maximum) is
equal to the four units per acre 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-4 zone (up to four units per acre maximum) is compatible with
the A-R (Agricultural-Residential) zone to the south since that site is currently an
agricultural use and is anticipated to develop with similar residential densities as it
is shown at four or fewer dwelling units per acre per the Comprehensive Plan
Land Use Map;
Page 3 of 6
\\EAGLENT1\COMMON\Plmming Dept\Eag1e Applications\RZ&A12001\A-04-01 & RZ-07-01 ccf.doc
d. The proposed R-4 zone (up to four units per acre maximum) is compatible with
the R -1 (Residential - one unit per acre) zone to the west since that site is
anticipated to develop with similar residential densities as it is shown at four or
fewer dwelling units per acre per the Comprehensive Plan Land Use Map;
e. The proposed R-4 zone (up to four units per acre maximum) is compatible with
the R3 (Residential - Ada County designation) zone to the east since that site is
currently a residential subdivision with similar lot sizes and density;
f. The proposed R-4 zone (up to four units per acre maximum) is compatible with
the R-4 zoning designation and existing lots to the north;
g. 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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
20, 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 two (2) individuals with concerns regarding the existing irrigation well adjacent to the property and
how it will continue to accommodate all current users, and that the area to the south will continue to
operate farm related activities that may be bothersome to others.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual who felt the plan was well within the density range as shown on the 2000
Comprehensive Plan.
COMMISSION DECISION:
The Commission voted 4 to 0 (Cadwell absent) to recommend approval of A-4-01 & RZ-7-01 for
a rezone upon annexation from RUT (Ada County designation) to R-4 (Residential - up to four
dwelling units per acre) for Northwest Development LLC.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on 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 no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
app lican t/representati ve).
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-4-01 & RZ-7-01 for an annexation and rezone from RUT
(Ada County designation) to R-4 (Residential- up to four dwelling units per acre) for Northwest
Page 4 of 6
\\EAGLENTl\COMMON\Planning Dept\Eag1e ApplicationslRZ&Al200 l\A-04-0 1 & RZ-07-01 ccf.doc
Development LLC.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 27, 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 August 4, 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 1,2001. Requests for agencies' reviews were
transmitted on June 27, 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 September 22,
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 September 19, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ- 7 -0 1) 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-4 (up to four units per acre maximum) is equal
to the four units per acre 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-4 zone (up to four units per acre maximum) is compatible with the A-
R (Agricultural-Residential) zone to the south since that site is currently an
agricultural use and is anticipated to develop with similar residential densities as it is
shown at four or fewer dwelling units per acre per the Comprehensive Plan Land Use
Map;
d. The proposed R-4 zone (up to four units per acre maximum) is compatible with the R-
1 (Residential - one unit per acre) zone to the west since that site is anticipated to
develop with similar residential densities as it is shown at four or fewer dwelling units
per acre per the Comprehensive Plan Land Use Map;
e. The proposed R-4 zone (up to four units per acre maximum) is compatible with the
R3 (Residential- Ada County designation) zone to the east since that site is currently
a residential subdivision with similar lot sizes and density;
f. The proposed R-4 zone (up to four units per acre maximum) is compatible with the R-
4 zoning designation and existing lots to the north;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
Page 5 of 6
\\EAGLENT 1 \COMMON\Planning Dept\Eagle ApplicationslRZ&A 1200 1 1A-04-0 1 & RZ-07 -0 1 ccf.doc
DATED this 13th day of November 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co ty, Idaho
Page 6 of 6
\\EAGLENT1\COMMON\Plmming Dept\Eagle Applications\RZ&Al2oo1\A-04-01 & RZ-07-01 ccf.doc