Findings - PZ - 2001 - A-5-01 & RZ-08-01 - Rz Upon Annex From Rut To Re/38.64 Acre
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BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
ANNEXATION AND REZONE FROM RUT
(RESIDENTIAL) TO R-E (RESIDENTIAL) FOR
NORTHWEST DEVELOPMENT LLC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-5-01 & RZ-O8-01
The above-entitled annexation and rezone application came before the Eagle Planning and Zoning
Commission for their recommendation on September 17,2001. The Commission, 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, is
requesting a rezone upon annexation from RUT (Rural Urban Transitional - Ada County
Designation) to R-E (Residential Estates - one dwelling unit per two acres). The 38.64-
acre site is located on the west side North Meridian Road approximately V2 mile north of
Floating Feather Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 24, 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 September 1, 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 29, 2001. Requests for agencies' reviews were transmitted on July 24,
2001 in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: PP-lO-OI (Henry's 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 (up to RUT (Residential - Ada Residence/Pasture
one unit per two acres County designation)
maximum)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Estates (up to RUT (Residential- Ada Residential Subdivision
one unit per two acres County designation)
maximum)
South of site Residential Estates (up to RUT (Residential - Ada Residence/Pasture
one unit per two acres County designation)
maximum)
East of site Residential Estates (up to RUT (Residential- Ada Residence/Pasture
one unit per two acres County designation)
maximum)
West of site Residential Estates (up to RUT (Residential - Ada Residence/Pasture
one unit per two acres County designation)
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 38.64-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated July 23, 2001, provided by the applicant's
representative.
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 the subject
property is not annexed into the district and 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
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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
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company Ltd.
New Union Ditch Company
O.
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
WHICH ARE OF SPECIAL CONCERN
COMPREHENSIVE PLAN PROVISIONS
REGARDING TillS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates,
suitable primarily for single-family residential development on acreages that 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.
A.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL: (None)
C.
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 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. 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;
c. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) zone and existing residential lots to the west since
that area may develop further at one or fewer dwelling units per two acres per the
Comprehensive Plan Land Use Map;
d. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) zone and existing residential lots to the north
since that area may develop further at one or fewer dwelling units per two acres
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per the Comprehensive Plan Land Use Map;
e. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) zone to the south and east since those sites are
currently residentiaVfarm land and are anticipated to develop with similar
residential densities as it is shown at one or fewer dwelling units per two-acres per
the Comprehensive Plan Land Use Map;
f. 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
September 17, 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 three (3) individuals with concerns regarding dust abatement during construction, maintenance of
borrow ditches abutting the roadways, high groundwater in the area and the need for a transition of lot
sizes from this proposed subdivision to the adjacent properties.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant).
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by two (2) individuals with concerns regarding the negative impact the subdivision will
have on the existing rural area; impact on schools, water and sewage systems; and increased traffic
accessing inadequate roadways.
COMMISSION DECISION:
The Commission voted 2 to 1 (Bloom against) (Cadwell, Deckers absent) to recommend approval
of A-5-01 & RZ-8-01 for a rezone upon annexation from RUT (Ada County designation) to R-E
(Residential- up to one dwelling unit per two-acres) for Northwest Development LLc.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 24, 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 September 1, 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 29, 2001. Requests for agencies' reviews
were transmitted on July 24,2001 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-05-01 & RZ-8-01) with regard to Eagle City Code Section 8-7-5 "Action by the
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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;
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. 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;
c. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) zone and existing residential lots to the west since that
area may develop further at one or fewer dwelling units per two acres as indicated on
the Comprehensive Plan Land Use Map;
d. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) zone and existing residential lots to the north since
that area may develop further at one or fewer dwelling units per two acres as indicated
on the Comprehensive Plan Land Use Map;
e. The proposed R-E zone (one unit per two-acres maximum) is compatible with the
RUT (Ada County designation) zone to the south and east since those sites are
currently residentiaVfarm land and are 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;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
DATED this 1st day of October 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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John Franden, Chairman
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