Findings - PZ - 2003 - RZ-05-03 - Rezone From Ar To Re/5.41 Acre/3300 W. State St
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
REZONE FROM A-R (AGRICULTURAL-RESIDENTIAL)
TO R-E (RESIDENTIAL-ESTATES) FOR JAMES WOOD
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-O5-03
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on October 6, 2003, at which time public testimony was taken and the public hearing was
closed. 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:
James Wood, represented by Land Consultants, Inc., is requesting a rezone from A-R
(Agricultural-Residential, up to one dwelling unit per five-acres) to R-E (Residential-
Estates, up to one dwelling unit per two-acres). The 5Al-acre site is located on the north
side of State Highway 44 approximately Y2 mile east of North Park Lane at 3300 W. State
Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 13,2003.
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 16,2003. 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 9,2003. Requests for agencies' reviews were transmitted on August
29,2003, in accordance with the requirements ofthe Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: LS-2-03
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (up to one A-R (Agricultural- Single-family dwelling &
unit per acre maximum) Residential) pasture
Proposed No Change R-E (Residential) Two Single-family
dwellings (upon approval
of a lot split)
North of site Residential One (up to one A-R (Agricultural- Single-family dwelling &
unit per acre maximum) Residential) pasture
South of site Public/Semi-Public & PIS (Public/Semi-Public) & Vacant
Residential One (up to one RUT (Residential - Ada
unit per acre maximum) County designation)
East of site Residential One (up to one R-l (Residential) Colony Subdivision
unit per acre maximum)
West of site Residential One (up to one A-R (Agricultural- Single-family dwelling &
unit per acre maximum) Residential) pasture
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 5Al-acres
1.
APPLICANT'S STATEMENT OF mSTIFICA nON FOR THE REZONE:
See justification letter dated August 13, 2003, provided by the applicant's representative
and included herein by reference.
J.
APPLICANT'S STATEMENT OF mSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/a
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been
received. The Eagle Sewer District states the subject property is not annexed into the
district and, although at this point it is unclear if gravity sewer can serve the site, the
District has plans to install a gravity sewer line adjacent to the parcel in 2004. 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.
which appear to be of special concern, are noted below:
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Comments,
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Ada County Highway District
Central District Health Department
Eagle Sewer District
Idaho Power
Idaho Transportation Department
O.
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITIllN 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 Estates, 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.
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.
6.5
Goal
To preserve the rural transitional identity.
6.6
Objectives
c. To discourage lot splits in approved platted subdivisions.
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.
Chapter 8 - Transportation
8.2.1
Principal Arterial
Mobility Function:
The primary fimction of a principal arterial is to provide major circulation and movement
through urban areas and to connect with major activity centers and ITeeways. A principal
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B.
c.
arterial may serve motorized and non-motorized transportation needs and may include up to
seven vehicular traffic lanes.
Access Function:
Access ITom other roadways is controlled and subordinate to traffic on the principal arterial
street. Direct lot access is typically prohibited or severely restricted.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
DISCUSSION:
.
The subject parcel is a platted lot (Lot 8, Block 2) within Flint Estates Subdivision (and
subsequent Amended Plat of Flint Estates Subdivision), which consists mainly of parcels 5-
acres or larger in size with ranchettes (dwellings and accessory structures, with large open
areas for the keeping of horses or similar livestock).
A zoning change from A-R (Agricultural-Residential) to R-E (Residential-Estates) on this
parcel would create a zone and plausible land use that is not consistent with the surrounding
parcels located within the same subdivision and which may provide land use privileges not
available to the surrounding properties. This may be considered the reverse of appropriate
planning since an area must be looked at as a whole with an established goal rather than in
individual pieces with differing purposes that do not seek any gèneral consensus. To date,
there have been no letters from the public received for this application, yet previous testimony
given at a public hearing regarding a conditional use pennit to allow a church to be
constructed within Flint Estates Subdivision (CU-I0-00) revealed that the residents of this
subdivision are concerned about the character of the area. While single-family dwellings are
the only land uses proposed for the site at this time, the character of the subdivision may
change with a rezone of the property in that the potential for smaller-sized lots removes the
ability to maintain the ranchette style land uses which are predominant within the subdivision.
The City of Eagle 2000 Comprehensive Plan states that lot splits are discouraged in approved
platted subdivisions, and the basis for the proposed rezone is for the purpose to potentially
allow the applicant to split a lot into two parcels (LS-2-03 has been submitted for review)
within a platted subdivision. With this in mind, it would follow that the rezoning of the
subject parcel should not be approved since it would allow a conceivable land use that is
contrary to the objectives of the comprehensive plan.
.
While the rezone of a property does not in and of itself detennine the division of a parcel,
there are items involved with dividing the subject property that should be considered with this
application. The only available access for this parcel is to State Highway 44, a principal
arterial. As noted with the City of Eagle's 2000 Comprehensive Plan, access to a principal
arterial is usually not allowed or severely restricted due to conflicts that may occur with high
traffic volume, high vehicle speeds and impedance to traffic flow. If the subject parcel were
divided, additional access to State Highway may negatively contribute to the aforementioned
circumstances. Moreover, the plat for the Flint Estates Subdivision has a note which states in
part: "Access from Highway 44 is restricted except by agreement with Idaho Department of
Highways for Lots 4,8 and 5, Block 8 (sic), to share two (2) access drives." The conditions of
this note would place the shared driveways at the common side lot lines of Lots 4 and 5, and
Lots 5 and 8; the subject parcel has three (3) driveways, none of which are shared with
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adjoining parcels. And finally, the letter from the Idaho Transportation Department (attached)
states that access to a principal arterial is limited to intersections spaced at one-mile intervals
in rural areas and one-half intervals in urban areas (temporary approaches may be allowed in
special cases).
It is unclear how three access points were obtained for this parcel, yet it is clear, considering
the aforementioned discussion, that thought has previously been given to the concerns of
multiple accesses to principal arterials and that additional access to State Highway 44 from
this parcel is not an ideal situation, nor should it be allowed.
STAFF RECOMMENDATION PROVIDED WITIllN THE STAFF REPORT:
Based upon the infonnation provided to staff to date, staff recommends denial 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
6,2003, 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 one
(1) one individual (other than the applicant/representative) who felt that the rezone and potential lot
split would not have any more severe impact on the area than those conditions which exist near the site
at the present time, including high traffic volume and traffic noise on SH 44; and concluded that based
on the lack of testimony regarding the application, the residents in the area most likely do not have a
concern about the rezone and may pursue the same course of action to develop their respective
properties as was taken by the applicant for the subject parcel.
COMMISSION DECISION:
The Commission voted 4 to 0 (Bandy absent) to recommend denial of this requested rezone (RZ-
05-03) from A-R (Agricultural-Residential) to R-E (Residential-Estates) for James Wood.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 13, 2003.
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 16, 2003. 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 9,2003. Requests for agencies'
reviews were transmitted on August 29, 2003, in accordance with the requirements of the Eagle City
Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-05-03)
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
upon the infonnation provided concludes that the proposed rezone is not in accordance with the City
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of Eagle Comprehensive Plan and established goals and objectives because:
The Commission voted unanimously to deny the requested rezone citing staff's reasons for recommendation
of denial as stated within the staff report, along with the Commission's main reason to not permit an
additional residential access point to State Hwy 44. The Commission unanimously agreed that a potential
review of a master site plan for the re-subdivision of the entire Flint Estates Subdivision would be
considered, with the understanding that while any such redevelopment would increase the intensity of the
use of the property contained within the subdivision, the re-subdivision would be designed to limit access
points to State Hwy 44.
While there was limited discussion on the potential of commercial uses being a part of the
re-subdivision (such as a mini-grocery or deli on the corner of State Street and Park Lane), the
Commission did not attempt to reach a consensus opinion on whether or not commercial uses would be
appropriate, and if so, specifically what uses would be appropriate. Also not discussed was the
potential downside of a re-subdivision, such as the increase in the intensity of uses (commercial or
otherwise) outside of the downtown core. Further, consideration was not given to whether the effects
of higher volumes of traffic utilizing fewer highway access points resulting from a re-subdivision of
the site would be worse than a few haphazard lot splits of the individual parcels.
The Commission did agree that the Flint Estates Subdivision does need special attention since large 5-
acre lots are out of character for that area. A master plan of the area (with higher intensity uses) may
provide the economic stimulus to facilitate such a redevelopment since haphazard lot splits may not be
the most prudent method for the area to re-develop.
DATED this 20th day of October 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~~L
Steve De ers, Cnalnnan
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ATTEST:
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Sharon K. Moore, Eagle City Cle k
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