Findings - CC - 1996 - A-1-96 / RZ-2-96 - Annexation & Rezone 1150 S Eagle Rd., 26.82 Acres
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BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION OF PROPERTY
AND REZONE BY ED HENDERSHOT, INc.
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW
CASE NO. A-1-96/RZ-2-96
The above-entitled annexation and rezone application having come on and for consideration
before the Eagle Planning and Zoning Commission on September 16, 1996, and October 7, 1996.
The Eagle Planning and Zoning 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:
Findines of Fact
1. Applications for annexation and rezoning from the applicant were received by the
City of Eagle on August 16, 1996.
2. 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 ordinances on August 1, 1996. Notice of these public hearings were mailed to
property owners within three hundred feet (300') of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code, and Eagle City Code on August 2, 1996. Requests
for agencies' reviews were transmitted on August 2, 1996 in accordance with the requirements of
the Eagle City Code.
3. A public hearing on the application was scheduled on September 9, 1996. At that
time the Zoning Administrator notified the Commission that notice of the public hearing had not
been posted on the property pursuant to Eagle City Code. The Commission continued the public
hearing until September 16, 1996, to allow for proper posting of the notice of public hearing. The
public hearing was continued until October 7, 1996, for submittal of a proposed development
agreement between the City and the Applicant. The public hearing was closed on October 7, 1996,
at the conclusion of which the Commission took up the matter and rendered its decision.
4. The property which is the subject of the application is located at 1150 South Eagle
Road, Ada County, Idaho. The property consists of26.82 acres and is within the City of Eagle area
of impact.
FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 1
5. The owner of the property at the time of the application was Mary L. Reid whose
address is 22241 81 st Avenue S.E., Mercer Island, Washington, 98040. The applicant is Hendershot
Construction, Inc.
6. The applicant proposes annexation of the parcel into the City of Eagle and a zoning
designation of Agricultural-Residential (A-R).
7. The property is currently zoned in Ada County as Rural Transitional (RT) and is
designated on the Comprehensive Plan land use map as very low density (one or fewer dwelling
units per gross acre) and is within a flood plain and special area designation.
8. The subject property is bounded on the north by undeveloped land zoned RT and the
Boise River; on the south by undeveloped land zoned R-5 (Residential District with no more than
5 dwelling units per acre); on the east by undeveloped property zoned RT; and on the west by
residential property zoned R-5.
9. The applicant requests this annexation and rezone in response to a denial by Ada
County for a lot split and variance necessary to obtain a building pennit from Ada County. Ada
County recommended the applicant apply for annexation into the City of Eagle. The applicant
proposed to remove two mobile homes currently located on the property and construct one single
family dwelling. The applicant also desires to preserve the ability to split the lot into two lots of
approximately 13 acres. For future construction ofa second dwelling unit the property is proposed
to be accessed by a private driveway within an easement and will be served by septic system if
approved by the Central District Health Department and a private well currently located on the
property or public water if available.
10. The applicant submitted a report on the Delineation of the Waters of the United
States, prepared by Resource Systems, Inc. setting forth the wetlands and other waters of the United
States located on the property. Comments were received from other public agencies and may be
summarized as follows:
a. Central District Health: The Central District Health Department on August 20, 1996,
responded that "[a]n onsite sewage application is on file with this office. We
encourage connection to the Eagle Sewer System in this area of shallow
groundwater."
Idaho Department of Health and Welfare. Division of Environmental Quality
("IDEQ"): On August 14, 1996 the IDEQ responded with requirements should public
water service be provided to the property and for approval of the sewer or septic
system for the property.
Idaho Power: On April 19, 1996, Idaho Power notified Mr. Hendershot that they
would provide electric service to the property.
Intennountain Gas Company: On June 27, 1996, Intennountain Gas Company
notified the applicant that they would provide gas service to the property.
United Water Idaho: On July 1, 1996, United Water Idaho notified the applicant they
would provide water service to the property.
b.
c.
d.
e.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
The Eagle Sewer District responded on August 21, 1996 that the property is within
the Sewer District planning area but not annexed into the Sewer District and that, due
to the agreement reached with Ada County, they may not annex property into the
Sewer District at this time. Accordingly sewer service from the Eagle Sewer District
is unavailable.
Ada County Highway District ("ACHD"): On August 19, 1996, ACHD responded
that the proposed site plan confonns to the District standards and specified eight
recommendations or conditions that must be complied with when the applicant
presents a specific development proposal.
Eagle Fire Protection District: On August 8, 1996, the Eagle Fire Protection District
responded that the District has on opposition to the application.
Federal Emer~ency Management Agency ("FEMA"): On August 26, 1996, FEMA
responded that any structure must meet the "no-rise" standard in the flood way and
development in the flood plain is admissible so long as it meets the City of Eagle's
requirements.
Idaho Fish and Game: On August 8, 1996, Idaho Fish and Game responded with
concerns about applicant's plans for landscaping activities around the property ant
the impact on the existing riparian corridor of the Boise River.
11. ST AFF REPORT: In the Staff Report the Zoning Administrator provided the
following discussion:
A. Based on the infonnation submitted to the City, it is staff s opinion that the
area to be annexed can reasonably be used for the orderly development of the
City.
f.
g.
h.
1.
J.
B.
As required by the Eagle City Code, the area to be annexed lies within the
negotiated Area of Impact, abuts existing City Limits and is connected to the
City by more than a shoestring or strip of land upon a public highway.
c.
The proposed zoning designation complies with the Comprehensive Plan.
However, staff recommends that the rezone to A-R not be approved and that
a rezone to A (Agricultural) be pennitted. This will allow one unit per 20
acres which meet the applicant's desire to remove the two existing mobile
homes and construct one dwelling unit.
In reviewing the engineering report submitted to the City by the City
Engineer, and City code with regard to development in the Flood
Way/Special Hazard Area, it is staffs opinion that a zoning district which
could pennit two dwelling units on this site should not be approved until an
FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 3
14.
15.
in depth engineering analysis of the Flood Way/Special Hazard Area is
completed as required.
D.
Adequate public facilities exist to serve any and all uses allowed on this
property under the zoning recommended by staff (A-Agricultural) except for
sewer service. The letter submitted to the City by Central District Health on
August 22, 1996, does not give approval, but states that, "We encourage
connection to the Eagle Sewer System in this area of shallow ground water".
The attached letter from the Sewer District dated August 21, 1996, states that
sewer service could not be provided by the Sewer District. Staff recommends
that the applicant provide the City with a letter of approval for a septic
system from Central District Health prior to the City Council Hearing for this
item.
E.
The proposed zone is compatible with the zoning and uses in the surrounding
area. However, as previously stated, staff believes that a rezone to A -
Agricultural should be pennitted at this time.
12.
At the public hearings there was no testimony in opposition to the applications.
13.
The annexation and rezone applications are subject to the requirements of Idaho
Code Sections 50-222 and 67-6525 and Title 8 of the Eagle City Code. Pursuant to
Idaho Code, Section 50-222, upon request of the owner, land contiguous or adjacent
to the city may be annexed into the city. Pursuant to Idaho Code, Section 67-6525,
the Planning and Zoning Commission shall recommend the zoning ordinance
designation for the unincorporated area and concurrently or immediately following
the adoption of an ordinance for annexation the City shall amend the zoning
ordinance to confonn to the City's zoning detennination. Pursuant to Section 8-7-
5(D), if the requested rezone is in accordance with the adopted Comprehensive Plan,
the Council may adopt or reject the amendment under the notice and hearing
procedures as provided in the Eagle City Code.
The Planning and Zoning Commission may recommend the initiation of a
development agreement as a condition of rezoning pursuant to Chapter 10, Title 8 of
the Eagle City Code.
The City of Eagle Comprehensive Plan sets forth among other things the purpose of
which is to: protect property rights and enhance property values; ensure that
adequate public facilities and services are provided to the people at reasonable cost;
to encourage urban and urban-type development within the incorporated city limits
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
of Eagle that is in harmony with the rural character of the area; to avoid undue
concentration of population and overcrowding of land; and ensure that the
development of land is commensurate with the physical characteristics of the land.
In the Land Use section of the Comprehensive Plan, the following relevant policies
are set forth:
Managing growth and channeling it into orderly community development is the key
element of land use planning. Unplanned growth results in undesirable land use
patterns. Areas within the City and within the Impact Area are to be given a land use
designation which shall be depicted on the Comprehensive Plan Land Use
Designation Map, hereinafter referred to as "Land Use Map." The Land Use Map
shall be considered an integral part of the Comprehensive Plan and shall serve in the
capacity of a planning policy document and planning tool that will assist the City I
sustaining responsible growth and development to ensure that evolving land use
patterns remain consistent with goals, objectives and policies of this Plan.
16.
Land use designations as reflected on the Land Use Map shall be based on the
existing land use pattern, existing natural physical features such as the Boise River,
Dry Creek and the foothills, flood plain areas, capacity of existing community
facilities, projected population and economic growth, compatibility with other uses
of the land, transportation systems, and the needs of local citizens.
17.
In the Very Low Density Residential category of the Comprehensive Plan, the
following relevant policies are set forth:
Very Low Density Res!dential- Suitable primarily for single family residential
development on acreages within agricultural use areas which are in transition to
residential use and are within the Urban Services Area. Typical residential densities
of one dwelling unit or fewer per two gross acres. This area may also be suitable for
agricultural uses such as crops or livestock involving land comprised of at least 20
contiguous acres or smaller parcels provided it can be clearly demonstrated that the
land will be used for a viable commercial agricultural purpose such as feed lots, dairy
farms, egg farms, or other similar type uses.
Conclusions of Law
1. The annexation and rezone applications submitted by Applicant on Au~ust 16, 1996,
are complete and were accepted by the City of Eagle.
2. All requirements for providing notice of the application and the public hearings
thereon, including notice by publication, notice by mailing, and notice to other agents as set forth
in Title 67, Chapter 65, Idaho Code, and the Ordinance of the City of Eagle have been complied
with.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
3. All requirements for the conduct of public hearings is set forth in Title 67,
Chapter 65, Idaho Code and the Ordinances of the City Eagle have been complied with.
4. The City of Eagle has the authority to approve, conditionally approve, or deny the
annexation and rezone applications pursuant to Idaho Code Section 50-222, Title 67, Chapter 65,
Idaho Code, and Titles 8 of the Eagle City Code and to require a development agreement as a
condition of rezoning pursuant to Chapter 10, Title 8, of the Eagle City Code.
5. The Planning and Zoning Commission recommends approval of the annexation and
rezone subject to the execution of a development agreement substantially similar to Exhibit A and
subject to the following conditions:
a. Require the applicant to provide the City with a letter of approval for a septic system
from Central District Health prior to the City Council Hearing for this item.
It should be made clear to the applicant that this lot is considered a non-confonning
lot per Eagle City Code and that prior to a building pennit being issued by the City
the lot will be required to be brought into compliance with the Eagle City Code.
Also, a building pennit can not be issued until a Development Pennit, as required by
the Eagle City Code and as outlined by the City Engineer's letter dated September 4,
1996, is obtained from the City and all City requirements regarding the Flood
Way/Special Hazard area have been met.
6. The annexation and rezone as proposed and with the above conditions is in
accordance with the Eagle City Comprehensive Plan as it set forth below:
a. The property use as limited by the development agreement is in confonnance the
Very Low Density Residential land use category of the Plan and is compatible with
the surrounding areas because the development is similar to nearby residential
development and does not adversely impact the nearby riparian land.
The property will have adequate transportation and public services based upon the
testimony of the Eagle Sewer District, Ada County Highway District, United Water
and the Eagle Fire District. The property should not adversely affect nearby property
values.
b.
b.
Decision
The Planning and Zoning Commission of the City of Eagle hereby recommends approval of
the annexation and rezone for Hendershot Construction, Inc. with the following conditions:
1. Execution of a development agreement substantially similar to the Development
Agreement attached hereto as Exhibit A.
2. Require the applicant to provide the City with a letter of approval for a septic system
from Central District Health prior to the City Council Hearing for this item.
DATED this 18TH day of November, 1996.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
(See si~ned Plannin~ and Zonin~ copy)
Chainnan
ATTEST:
(See si~ned Plannin~ and Zoning copy)
City Clerk
[SEAL]
A. 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 ordinances
on October 25, 1996. Notice of these public hearings were mailed to property owners within three
hundred feet (300') of the subject property in accordance with the requirements of Title 67, Chapter
65, Idaho Code, and Eagle City Code on October 23, 1996.
B. .On November 19. 1996, the City Council continued this item because the Findings of Fact
were not yet approved by the Commission. On November 26, 1996 the Eagle City Council took
action on this item.
C. At the public hearing the applicant's representative spoke in favor of the application. There
was no public testimony against the application.
Decision by Council;.
The Findings of Fact of the Planning and Zoning Commission (above) are accepted by the City
Council with the Development Agreement amended as follows:
1. Section 3.2.1 shall have the text amended to state"no more than two lots".
2. Section 3.2.9 shall have the text amended to state, "to be provided, a ten foot pathway
shall be constructed"
FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 7
3. Section 3.2.9 shall have the text "prior to approved" stricken and the text, "prior to
issuance of a building pennit or approval of a lot split, come before council for approval"
shall be added.
3. Section 3-2-10 "The residences shall be connected to central sewer upon availability.
DATED this 19th day of December, 1996.
CITY COUNCIL
OF THE CITY
Mayor
ATTEST:
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FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 8
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