Findings - CC - 2001 - RZ-10-01 - Rz From Ar To Re/9.87 Acre/1795 Ff Rd
ORIGiNAL
BEFORE THE EAGLE CITY COUNCIL
)
)
)
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A (AGRICULTURE) TO R-E
(RESIDENTIAL-EST A TES) FOR MIKE MAL TERRE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-IO-Ol
The above-entitled rezone application came before the Eagle City Council for their action on November
27,2001. The 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:
Mike Malterre, represented by Phil Hull with The Land Group, Inc., is requesting a rezone
from A (Agricultural) to R-E (Residential Estates - up to one unit per two-acres). The
9.87-acre site is generally located south of Floating Feather Road approximately 600-feet
east of Ballantyne Road, at 1795 W. Floating Feather Road.
i.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 8, 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 15,2001. 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 12, 2001. Requests for agencies' reviews were transmitted on August
9,2001, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential One (up to A (Agricultural) Residence/Pasture
one-unit per acre max.)
Proposed Residential Estates (up to R-E (Residential-Estates) Single family Residential
one unit per two-acres
max.)
North of site Residential Estates (up to R-E (Residential-Estates) Residential
one unit per two-acres
max.)
South of site Residential One (up to A-R (Agricultural - ResidentiallPasture
one-unit per acre max.) Residential)
East of site Residential One (up to A (Agricultural) ResidentiallPasture
one-unit per acre max.)
West of site Residential One (up to A (Agricultural) ResidentiallPasture
one-unit per acre max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 9.87-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter dated August 8,2001 (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:
A preliminary review letter from the Eagle Fire Department has been received.
Centralized sewer and water services are not required within an R-E zoning district.
Central District Health Department and Department of Water Resources approval of
individual septic systems and domestic wells is required.
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:
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City Engineer: All comments within the Engineer's letter dated August 27, 2001, are of special
concern (see attached).
Ada County Highway District
Central District Health Department
Eagle Fire Department
New Union Ditch Company Ltd.
O.
LETTERS FROM THE PUBLIC:
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 One" (up to
one unit per acre maximum).
Chapter 6 - Land Use
6.2
Land Use Issues
Residents of Eagle and its Impact Area have a strong desire to maintain the rural
"feel" of the community.
6.S
Goal
To preserve the rural transitional identity.
6.6
Objectives
a.
To encourage the preservation of open spaces.
b.
To encourage development with decreasing density radiating out from the
CBD as shown on the Land Use Map.
6.7
Implementation Strategies
a.
Preserve the natural features and resources of Eagle.
b.
Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fIre, recreational areas, highways and
transportation systems.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
c.
DISCUSSION:
.
The size of this site is approximately 9.87-acres. Due to the size of the lot the site is
considered a "nonconforming lot of record" (ECC Section 8-S-S) since the minimum lot
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size required in the A (Agriculture) zoning district is 20-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
regard to the minimum lot size.
.
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 is compatible with the Residential-One
classification 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 public facilities exist, or are expected to be
provided, to serve single-family residences 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 is compatible with the residential zoning uses to the south,
since that site is currently a residential subdivision consisting of 5-acre parcels with a
similar residential density as the proposed rezone;
d. The proposed R-E zone is compatible with the residential zoning uses to the east and
west since those sites are currently residential/farm land and are anticipated to develop
with similar residential densities as it is shown at one or fewer dwelling units per acre
per the Comprehensive Plan Land Use Map;
e. The proposed R-E zone is compatible with the R-E zoning designation and existing
residential lots to the north;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
ST AFF RECOMMENDATIONS PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends approval of the requested
rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
4,2001 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom, Cadwell absent) to recommend approval of RZ-lO-O 1 for a
rezone from A (Agriculture) to R-E (Residential-Estates) for Mike Malterre.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 27, 200 1, 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 (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-10-01 for a rezone from A (Agriculture) to R-E
(Residential-Estates) for Mike Malterre.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 8, 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 15, 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 12, 2001. Requests for agencies'
reviews were transmitted on August 9, 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 November 12,
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 November 8,2001.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-l 0-0 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-E is compatible with the Residential One
classification shown on the Comprehensive Plan Land Use Map since the R-E
maximum density of one unit per two-acres is less than the maximum of one unit
per acre potentially allowed within the Residential One designation;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that public facilities exist, or are expected to be
provided, to serve single-family residences 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 is compatible with the residential zoning and land uses to
the south, since that site is currently a residential subdivision consisting of 5-acre
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parcels with a similar residential density as the proposed rezone;
d. The proposed R-E zone is compatible with the residential zoning and land uses to
the east and west since those sites are currently residential/farm land and are
anticipated to develop with similar residential densities as it is shown at one or
fewer dwelling units per acre per the Comprehensive Plan Land Use Map;
e. The proposed R-E zone is compatible with the R-E zoning designation and existing
residential lots to the north;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
DATED this 11th day of December 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Rick Y ~r
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