Findings - CC - 2002 - A-07-01/RZ-12-01 - Annex/Zone From Rut To R1/Ar To R1/16.68 Acres
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR ANNEXATION
AND REZONE FROM RUT (RURAL URBAN TRANSITIONAL)
TO R-l (RESIDENTIAL) AND REZONE FROM A-R
(AGRICULTURAL-RESIDENTIAL) TO R-1 (RESIDENTIAL)
FOR CAPITAL DEVELOPMENT
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-O7-01 & RZ-12-01
The above-entitled annexation and rezone application came before the Eagle City Council for their action
on March 12, 2002, at which time public testimony was taken and the public hearing was closed. 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:
Capital Development, represented by Steve Arnold with Briggs Engineering Inc., is
requesting an annexation and rezone from RUT (Rural Urban Transitional) to R-l
(Residential - one dwelling unit per acre maximum) and rezone from A-R (Agricultural-
Residential) to R-l (Residential - one dwelling unit per acre maximum). The 18.68-acre,
site is generally located north of State Highway 44, approximately Y2-mile west of
Ballanytne Road at 2800 West State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 15, 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 December 29,2001. 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 December 21, 2001. Requests for agencies' reviews were transmitted on
November 16,2001, 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 February 23, 2002. 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 February 20,
2002.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: PP-13-01 (Countryside West Subdivision)
Page 1 of 6
K:\Plunning Dept\Eugle ApplicutionslRZ&AI200IIA-O7-01 & RZ-12-01 cd.ooc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNA TION
Existing Residential One (up to RUT (Residential- Ada Residences/Pasture
one-unit per acre max.) County Designation) & A-R
(Agricul tural- Residen tial)
Proposed No Change R-l (Residential) Residential Subdivision
North of site Residential One (up to R-l (Residential) Redwood Creek
one-unit per acre max.) Subdivision
South of site Residential One (up to RUT (Residential- Ada Residential/Agriculture
one-unit per acre County Designation) & Rl
maximum) & Residential (Residential - Ada County
Two (up to 2-units per Designation) & A-R
acre max.) (Agricultural- Residen tial)
East of site Residential One (up to RUT (Residential- Ada Residences/Pasture
one-unit per acre max.) County Designation) & A-R
(Agricultural- Residential)
West of site Residential One (up to A-R (Agricultural- Residence/Pasture
one-unit per acre max.) Residential)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: l8.68-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on November 15,2001, 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, Eagle
Fire Department and United Water have been received. The Eagle Sewer District states the subject
property will need to be annexed into the district to be served by their central sewer system.
Individual septic systems are not allowed within an R-l zoning district.
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
K:\Plalillilig DeptlEagle Applicatiulls\RZ&AI20011A-O7-01 & RZ-12-01 ccf.ù""
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Joint School District No. 02
United Water
O.
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
WHICH ARE OF SPECIAL CONCERN
A.
COMPREHENSIVE PLAN PROVISIONS
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Residential One,
suitable primarily for single-family residential development within areas that are rural
in character. Residential density of up to one dwelling unit per one gross acre may be
considered by the City for this area.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS 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-l (up to one unit per acre maximum) is
equal to the one unit 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-l zone (up to one unit per acre maximum) is compatible with the
RUT (Ada County designation) zone to the west since that area may develop
further at one or fewer dwelling units per acre per the Comprehensive Plan Land
Use Map;
d. The proposed R-l zone (up to one unit per acre maximum) is compatible with the
R-l zone and existing residential lots to the north since that area is developed at
one or fewer dwelling units per acre;
e. The proposed R-l zone (up to one unit per acre maximum) is compatible with the
R-l zone and planned residential lots to the east since that area has been approved
Page 3 of 6
K:\PlatUling D<pt\Eagi< Applications\RZ&AI2001 IA-O7-01 & RZ-12-01 çd.Joc
to be developed at one or fewer dwelling units per acre;
f. The proposed R-l zone (up to one unit per acre maximum) is compatible with the
RUT and RI (Ada County designation) zones and A-R zone (up to one unit per
five acres to the south since those sites are currently residential/farm land and are
anticipated to develop with similar residential densities as they are shown at one
or fewer dwelling units per acre and at two or fewer dwelling units per acre per
the Comprehensive Plan Land Use Map;
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 January
14, 2002, at which time testimony was taken and the public hearing was closed. The Commission
continued the item to January 28,2002, and 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 tiling of the irrigation ditch traveling southerly from
the north side of State Highway 44 and to ensure the water usage remains unencumbered, the need to
widen State Highway 44 to manage increasing travel demands and the need to provide safe and
adequate access to properties along State Highway 44.
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 one (1) individual with concerns regarding the tiling of the irrigation ditch traveling
southerly from the north side of State Highway 44 and to ensure the water usage remains
unencumbered.
COMMISSION DECISION:
The Commission voted 4 to 0 (Franden abstained) to recommend approval of A-07-0l & RZ-12-
Ol for an annexation and rezone from RUT (Rural Urban Transitional) to R-l (Residential - one
dwelling unit per acre maximum) and rezone from A-R (Agricultural-Residential) to R-l
(Residential - one dwelling unit per acre maximum) for Capital Development.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 12, 2002, 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
applicantlrepresentati ve).
Page 4 of 6
K:\PlatUlltlg Dept\Eagle ApplicatiOllslRZ&A 1200 1 IA-O7-01 & RZ-12-0 1 cd.doc
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-07-01 & RZ-12-01 for an annexation and rezone from
RUT (Rural Urban Transitional) to R-l (Residential - one dwelling unit per acre maximum) and
rezone from A-R (Agricultural-Residential) to R-l (Residential - one dwelling unit per acre
maximum) for Capital Development.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 15,2001.
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 December 29,2001. 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 December 21,2001. Requests for agencies' reviews
were transmitted on November 16, 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 February 23,
2002. 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 February 20, 2002.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-07-01 & RZ-12-0l) 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 annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of R-l (one unit per acre maximum) is equallo the
one unit 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-l zone (up to one unit per acre maximum) is compatible with the
RUT (Ada County designation) zone to the west since that area may develop further at
one or fewer dwelling units per acre per the Comprehensive Plan Land Use Map;
d. The proposed R-l zone (up to one unit per acre maximum) is compatible with the R-l
zone and existing residential lots to the north since that area is developed at one or
fewer dwelling units per acre;
e. The proposed R-l zone (up to one unit per acre maximum) is compatible with the R-l
zone and planned residential lots to the east since that area has been approved to be
developed at one or fewer dwelling units per acre;
f. The proposed R-l zone (up to one unit per acre maximum) is compatible with the
RUT and Rl (Ada County designation) zones and A-R zone (up to one unit per five
acres to the south since those sites are currently residential/farm land and are
anticipated to develop with similar residential densities as they are shown at one or
fewer dwelling units per acre and at two or fewer dwelling units per acre per the
Page 5 of 6
K:\PlatUung DeptlEagle Applieatiom;IRZ&AI20011A-O7-01 & RZ-12-01 cd.Joe
Comprehensive Plan Land Use Map;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
DATED this 9th day of April 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Count, Idaho
ATTEST:
1R úA-<J-- ~ ~
'/Sharon "K, Moore, Eagle City lerk
"",~
.~ OfB~ò'
~ J'.""'."...';~"t>\.
C,jlo~tO...t»4'\ .\
*Ç.sËÃL¡}* ¡
i\.~;".. . o~"" fl! I
_h ".;.,t"'n."".,~ß~'.-,ClJ
~~~ d!~v
Page 6 of 6
K:\Platllung Dept\Eagle AppLicatiollslRZ&AI20011A-O7-01 & RZ-12-01 cd. doc