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Findings - PZ - 2002 - A-07-01 & RZ-12-01 - Annex/Rz From Rut To R-1/Rz From A-R To R-1/18.68 Acre/2800 W. State Street ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION 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-l (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 Planning and Zoning Commission for their recommendation on January 14, 2002, at which time public testimony was taken and the public hearing was closed. The Commission continued the item to January 28, 2002, and made their decision at that time. 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: 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 V2-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 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. mSTORY OF RELEVANT PREVIOUS ACTIONS: (none) E. COMPANION APPLICATIONS: PP-13-01 (Countryside West Subdivision) Page 1 of 5 K:\Plalllling DeptlEagle ApplicatiollslRZ&AI20011A-O7-01 & RZ-12-01 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Residential One (up to RUT (Residential- Ada Residences/Pasture one-unit per acre max.) County Designation) & A-R (Agricultural-Residential) 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-Residential) 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, IDA or CEDA. H. TOTAL ACREAGE OF SITE: 18.68-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 5 K\PIanning DeptlEagle ApplicatÌOllslRZ&AI20011A-O7-01 & RZ-12-01 pzf.doc 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: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING TillS PROPOSAL: B. . 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. 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 5 K\Planning DeptlEagle ApplicatiomlRZ&AI20011A-O7-01 & RZ-12-01 pzf.doc 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 residentiaVfarm 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-07-01 & 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-I (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 13, 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 15, 2001 in accordance with the requirements of the Eagle City Code. Page 4 of 5 K:\Planning DeptlEagle ApplicatiomlRZ&Al20011A-O7-01 & RZ-12-O1 pzf.doc ------------------------- -- - 3. The Commission reviewed the particular facts and circumstances of this proposed annexation and rezone (A-07-01 & RZ-12-01) 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 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 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-I 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-I 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 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 19th day of February 2002. ATTEST: iO.-r,_. -V ~~ ~SharOIiX. Moore, Eagle City CI rk ,~ '-111""", ;; OF l!4~- i': ~ ~..qO--....~(À I ~!:o~_tOlJ.4"<1>\ \ ""*" "'-'0_, 1"'*", ç ~ :: .. .~. -. ';"""1 P T !' \'-',', ""C,', 1 '-¡', '~" Ii ' '--' ¡.. ~ ; ,..¿- ~...... "--.. .. '-' ~.. "'.....---;,.._~,.. 0 .... __A"',"',-"y,>~".,, ,.,..",!.:;t, '" ""... ~". 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