Findings - CC - 2006 - A-15-05/RZ-22-05 - Annex/Rezone From Rut To Re/18.98 Acre/1011 W. Beacon Light Rd.
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR AN
ANNEXATION AND REZONE FROM RUT (RURAL
URBAN TRANSITION) TO R-E (RESIDENTIAL
ESTATES) FOR M & H DEVELOPMENT LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-IS-OS & RZ-22-0S
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on May 23, 2006, at which time public testimony was taken and the public hearing was closed. The item
was remanded to staff and was returned to the Eagle City Council for their action on June 20, 2006, at
which time the Council made their decision. The Eagle City Council having heard and taken oral and
written testimony, and duly considered the matter, makes the following Findings of Fact and Conclusions
of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
M and H Development, represented by Sabrina Whitehead with Briggs Engineering, Inc., is
requesting annexation and rezone from RUT (Rural Urban Transition) to R-E (Residential
Estates). The 18.98-acre site is located on the south side of West Beacon Light Road
approximately Y2-mile east of Ballantyne Lane at 1101 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 31, 2005.
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 January 7, 2006. 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 January 4,
2006. The site was posted in accordance with the Eagle City Code on March 24, 2006.
Requests for agencies' reviews were transmitted on November 9, 2005, 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 May 8, 2006. 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 3, 2006. The
site was posted in accordance with the Eagle City Code on or before May 12,2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: PP-15-05 (Lighthouse Subdivision)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates RUT (Residential- Ada Single-family
County designation) dwelling/pasture
Proposed No Change R-E (Residential - up to one Residential Subdivision
unit per two acres
maximum)
North of site Residential Estates RUT (Residential- Ada Single-family
County designation) dwellings/pasture
South of site Residential Estates R-E (Residential - up to one Kolander Subdivision
unit per two acres within Academy Place
maximum) Subdivision
East of site Residential Estates RUT & R1 (Residential- Single-family
Ada County designation) dwellings/pasture
West of site Residential Estates RUT (Residential- Ada Single-family
County designation) dwellings/pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 18.93-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letters date stamped by the City on October 31,2005, (incorporated
herein by reference).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/A
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The Eagle Sewer District states that the subject property is not annexed into the district and
that it will be necessary for the development to employ on-site sewage disposal. The Central
District Health Department states more information, including a full engineering report, will
be needed before comment can be made on the proposal. The City will require an approval
letter from the CDHD regarding septic systems, prior to the City accepting any final plat
application for the site.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES: None
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N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and attached to the staff report. Comments which appear to be of special concern
are noted below:
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Idaho Power Company
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 THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Estates, suitable
primarily for single family residential development on acreages may be in transition from
agricultural to residential use or may combine small scale agricultural uses with residential
uses.
Chapter 4 Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school, police, fire and library
to residents. With Eagle's growing population come the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
providers, it must be involved in any plans that will affect the community.
4.3 Goal
c. Maintain a sense of personal safety and security for all residents.
d. Strive to prevent and extinguish fires and aid in other emergencies dealing
with the protection of life or property.
4.4 Objectives
d. To encourage a high standard of fire protection and emergency services
Chapter 8 Transportation
8.6 Implementation Strategies
o. Encourage arterial and collector roadway design criteria consistent with the
rural nature of planned and existing developments generally within the areas
designated on the Land Use Map as Residential Rural (one dwelling unit per
five acres maximum) and Residential Estates (one dwelling unit per two acres
maximum). Such designs should include the following:
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I. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be
encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography,
trees, ditches and/or similar features may limit the distance between
sidewalks and/or pathways and the roadway edge. Easements may be
needed if portions of the sidewalk and/or pathway is to be located outside
of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only
at driveways and/or street intersections that are expected to generate a
minimum of 1000 vehicle trips per day, or where determined to be
necessary for safety by ACHD. Any portion of a center turn lane which is
not used for such a driveway or intersection should be landscaped. Such
landscaped medians would need to be maintained by the City and would
require a license agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides
of the roadway.
5. A minimum building setback ordinance resulting in a setback of
approximately 125-feet from the roadway centerline should be considered
to be adopted by the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
C. DISCUSSION:
. The Eagle Fire Department's letter of August 29, 2005, states that the Department does not
recommend approval of the annexation and rezone since central water is not available to the
site to enable the installation and use of fire hydrants.
. 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
not in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the concerns of the Eagle Fire Department provided within their letter dated
November 28, 2005 (incorporated herein by reference and attached to the staff report), staff defers
recommendation and provides the facts herein for consideration by the Planning and Zoning
Commission and City Council.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
17, 2006, 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 no
one (other than the applicant/representative).
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COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of A-IS-OS & RZ-22-05 for
an annexation and rezone from RUT (Rural Urban Transitional) to R-E (Residential Estates) for M
and H Development LLC.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 23, 2006, at which time
testimony was taken and the public hearing was closed. The Council remanded the item to staff and
subsequently made their decision on June 20, 2006.
B. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
from the Eagle Fire Protection District with concerns regarding the lack of adequate fire flows for the
development due to the lack of central water service to the site.
C. Oral testimony in favor of this proposal was presented to the City Council by two individuals (not
including the applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Guerber abstained) to approve A-IS-OS & RZ-22-05 for an annexation
and rezone from RUT (Rural Urban Transitional) to R-E (Residential Estates) for M and H
Development LLC.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 31, 2005.
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 January 7, 2006. 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 January 4, 2006. The site was posted in accordance
with the Eagle City Code on March 24, 2006. Requests for agencies' reviews were transmitted on
November 9, 2005, 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 May 8, 2006.
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 3, 2006. The site was posted in accordance with the Eagle City Code on or before
May 12,2006.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-IS-OS and RZ-22-05) 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-E (Residential Estates) IS equal to the
Residential Estates 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 any and all uses allowed on this property under the
proposed zone;
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c. The proposed R-E zone (one unit per two acres maximum) is compatible with the
RUT zone (Rural Urban Transitional - Ada County designation) and land use to the
west;
d. The proposed R-E zone (one unit per two acres maximum) is compatible with the
RUT zone (Rural Urban Transition - Ada County designation) and R1 zone
(Residential - Ada County designation) and land uses to the east;
e. The proposed R-E zone (one unit per two acres maximum) is compatible with the
RUT zone (Rural Urban Transition - Ada County designation) and land use to the
north;
f. The proposed R-E zone (one unit per two acres maximum) is compatible with the R-E
zone (Residential Estates) and land use to the south;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone since the existing
house will meet the setback requirements of the Residential Estates zone.
DATED this 20th day of June 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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./ Sharori K. Bergmann, Eagle City C erk
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