Findings - CC - 2019 - RZ-01-19 - Change The Zoning Of Subd From R-1 To R-3BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A REZONE: FROM R-1 (RESIDENTIAL) TO )
R-3 (RESIDENTIAL) FOR THE RESIDENTS )
OF EVANS SUBDIVISION NOS. 2 AND 3 )
BY THE CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-01-19
The above -entitled rezone application came before the Eagle City Council for their action on May 28,
2019, at which time public testimony was taken and the public hearing was closed. The Eagle City
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:
On behalf of the residents of Evans Subdivision Nos. 2 and 3, the City of Eagle, represented by
William Vaughan, AICP, is requesting a rezone from R-1 (Residential) to R-3 (Residential) to provide
the residents within the area the option to utilize the setbacks within the R-3 zoning district. The
approximately 14.33 -acre residential subdivision is located 530 -feet north of Hill Road and on the east
and west sides of North Dicky Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Wednesday, February 6, 2019, at 660 East Civic
Lane in compliance with the application submittal requirement of Eagle City Code. The applications
for this item were received by the City of Eagle on February 28, 2019.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on March 30, 2019. 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 March 27, 2019. The site was posted in accordance
with the Eagle City Code on April 5, 2019. Requests for agencies' reviews were transmitted on March
5, 2019, 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
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 11, 2019.
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 May 7, 2019. The site was posted in accordance with the Eagle City Code on May 17,
2019.
D. HISTORY OF RELEVANI' PREVIOUS ACTIONS:
On May 1, 1972, the Ada County Commissioners approved a final plat application for Evans No. 2
Subdivision.
On October 7, 1975, the Ada County Commissioners approved a final plat application for Evans No. 3
Subdivision.
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On June 12, 1990, the City of Eagle completed a City wide annexation which included Evans
Subdivision Nos. 2 and 3. The property was annexed into the City with an R-1 (residential) zoning
designation.
E. COMPANION APPLICATIONS: None
F. COMPREHENSJVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact
Proposed No Change
R-1 (Residential)
Residential subdivision
(Evans Subdivision Nos. 2
and 3)
R-3 (Residential) No Change
North of site Compact/Public/Semi- R-3 (Residential) and R-4 Residential/Golf Course
Public
(Residential) (Eagle Hills Golf Course)
South of site Compact/Public/Semi- R-1 (Residential) and PS ResidentialfPublic Park
Public
(Public/Semi-Public) (Stephan Guerber Park)
East of site Compact/Public/Semi- R-3 (Residential) and PS Residential/Public Park
Public (Public/Semi-Public) (Ringo Ridge Estates
Subdivision No. 1
Amended/Stephan Guerber
Park)
West of site Compact
R-1 (Residential)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: Approximately 14.33 -acres
I. APPLICANI"S STA'I'EMENT OF JUST1hTCATION FOR THS REZONE:
Residential subdivision
(Evans Acres Subdivision
No. 1 and Eagle View
Subdivision)
The purpose of the rezone is to provide the residents within the area the option to utilize the setbacks
within the R-3 zoning district.
J. AVAII,ABII,ITY AND ADEQUACY OF UTILII'lhS AND SERVICES:
Central sewer is provided to the subdivision by the Eagle Sewer District and water is supplied by
Evans Water Corporation. Fire service is provided by Eagle Fire District. Police protection is
provided by Ada County Sheriff's Office through contract with the City of Eagle.
K. PUBLIC USES SHOWN ON FLJTURE ACQUISITIONS MAP: No map currently exists.
L. NON -CONFORMING USES: None apparent within the development.
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M. SPECIAL ON-SiiE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes
Riparian Vegetation — No
Steep Slopes — Yes
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat — No
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Andeavor (fka Tesoro Logistics)
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
O. LETTERS F'ROM THE PUBLIC (attached to the staff report):
Petition from Evans Subdivision Nos. 2 and 3 residents in favor of the proposed rezone designation
from R-1 (Residential) to R-3 (Residential), date stamped by the City on April 9, 2019.
STAF'F ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map (adopted November 14, 2017) designates this site as
Compact Residential.
Compact Residential
Suitable for single family residential, row houses, duplex and four-piexes. Densities range from 4
units per acre to 8 units per acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and lot split applications submitted after the
effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R -E). Whenever
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there is a conflict or difference between the provisions of this section and those of other chapters
and/or other titles, the chapter or title with the more restrictive provision shall prevail.
C. DISCUSSION:
• On June 12, 1990, the City of Eagle completed a City wide annexation which included Evans
Subdivision Nos. 2 and 3. The property was annexed into the City with an R-1 (residential)
zoning designation. The size of the existing lots within this development more closely fit within
an R-3 (residential) zone. The purpose of this rezone is to permit the use of the R-3 zone building
setbacks for building additions and accessory structures within Evans Subdivision Nos. 2 and 3.
STAFF RECOMMr:NDATION PROVIDED WITHIN THE STAtF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested rezone
from R-1 (Residential) to R-3 (Residential).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
15, 2019, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual that resides in the subdivision (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION: (Granicus time 13:00)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The requested zoning designation is in conformance with the Compact Residential land use
designation as identified in the Comprehensive Plan.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-01-19 for a rezone from R-1 (Residential) to
R-3 (Residential) for the City of Eagle as provided within their findings of fact and conclusions of law
document, dated May 6, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 28, 2019, 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 the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by one individual (other
than the applicant/representative) who indicated the following:
• The proposed rezone will bring the properties into conformance with Eagle City Code.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-01 -19 for a rezone from R-1 (Residential) to R-3 (Residential) for
the City of Eagle for the residents of Evans Subdivision Nos. 2 and 3, as shown on the Exhibit "A"
attached hereto.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-01-19) 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-3 (Residential) is consistent with the Compact Residential
designation 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 to serve all uses allowed on this property
under the proposed zone;
c. The proposed R-3 (Residential) zone is compatible with the R-3 (Residential) and R-4
(Residential) zones and land use to the north since the area zoned R-3 (Residential) contains a
single-family dwelling located within an unplatted parcel which may be developed in a matter
which is compatible with the subject property and the area zoned R-4 (Residential) contains a golf
course;
d. The proposed R-3 (Residential) zone is compatible with the R-1 (Residential) and PS
(Public/Semi-Public) zones and land use to the south since the area zoned R-1 (Residential)
contains single-family dwellings located on unplatted parcels which are compatible with the
subject property and the area zoned PS (Public/Semi-Public) contains a public park;
e. The proposed R-3 (Residential) zone is compatible with the R-4 (Residential) and PS
(Public/Semi-Public) zones and land use to the east since the area zoned R-4 (Residential) contains
a single-family dwelling located within a subdivision that was developed in conformance with the
Compact Residential Comprehensive Plan designation and the area zoned PS (Public/Semi-Public)
contains a public park;
f. The proposed R-3 (Residential) zone is compatible with the R-1 (Residential) zone and land use to
the west since that area contains single-family dwellings located within a subdivision developed in
a similar manner;
g.
The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone.
DATED this 11th day of June, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
A• - Co nty, I
Stan Ridgeway, Mayor
ATTEST:
Sharon Bergmann, Eagle City Clerk
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