Findings - CC - 2007 - A-10-07/RZ-12-07 - A/Rz From Rut To Re-Da/3.98 Acre/1651 W Beacon Light Road ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
(RURAL URBAN TRANSITION)TO R-E-DA )
(RESIDENTIAL ESTATES WITH A DEVELOPMENT )
AGREEMENT)FOR TIM JOHNSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-10-07&RZ-12-07
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on August 28, 2007. The Council continued the items to September 11, 2007, at which time public
testimony was taken, the public hearing was closed. The 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:
Tim Johnson represented by Clint Hansen, PLS,with Land Solutions, PC, is requesting
approval of an annexation and rezone from RUT(Rural Urban Transition-Ada County
Designation)to R-E-DA(Residential-Estates-one unit per two acres with a development
agreement). The 3.98-acre site is generally located on the south side of Beacon Light Road
approximately eight hundred feet(800')east of Ballantyne Lane at 1651 West Beacon
Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the site on April 3, 2007, at 7:30 PM, in compliance
with the application submittal requirement of Eagle City Code. The applications for this
item were received by the City of Eagle on May 1, 2007.
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 June 25, 2007. 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 June 22, 2007. The site was posted in accordance with the Eagle City Code on
July 6, 2007. Requests for agencies' reviews were transmitted on May 21, 2007, 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 August 13, 2007. 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 10,
2007. The site was posted in accordance with the Eagle City Code on August 24, 2007.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:NA
E. COMPANION APPLICATIONS: Lot Split, File #LS-01-07
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates RUT(Rural Urban Single-family dwelling
Transition-Ada County
Designation)
Proposed No Change R-E-DA (Residential Single-family dwelling
Estates-up to one unit per
two acres with a
development agreement)
North of site Residential Rural RUT(Rural Urban Single-family dwelling
Transition-Ada County
Designation)
South of site Residential Estates RUT(Rural Urban Single-family dwelling
Transition-Ada County
Designation)
East of site Residential Estates R-E (Residential Estates-up Residential Subdivision
to one unit per two acres) (Pony Hollow Subdivision)
West of site Residential Estates RUT(Rural Urban Single-family dwelling
Transition-Ada County
Designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 3.98 +1-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter (attached to the staff report) dated April 23, 2007, provided by the
applicant.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter (attached to the staff report) dated April 23, 2007, provided by the
applicant.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A letter from the Central District Health Department states that they have no objection to
the project. A letter from the Eagle Sewer District states the property has not been annexed
into the district and central sewer service is not reasonably available.
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A letter from Ada County Highway District states relevant policies that the District may
condition when it reviews a future development application. The District references the
requirement of sidewalks, combined access points, paved entrances to the driveways, and
dedication of right-of-way.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
M. NON-CONFORMING USES:None are apparent on the site.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated June 4, 2007, are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health
Chevron Pipe Line Company
Department of Environmental Quality
Eagle Sewer District
O. LETTERS FROM THE PUBLIC:
Dave and Linda Wilhite stated in correspondence date stamped by the City on July 12,
2007, their concerns regarding their access easement located on the applicant's property.
(attached to the staff report)
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(adopted 02-13-2007)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. Maximum density of up to 1 unit per 2 acres.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2 defines Easement as:
Authorization by a property owner for the use by another, and for a specified purpose, of
any designated part of his property.
• Eagle City Code Section 8-1-2 defines Setback Line as:
A line established by this title, generally parallel with and measured from the lot line,
defining the limits of a yard in which no building or structure may be located aboveground
except as may be provided herein.
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• Eagle City Code Section 8-1-2 defines Yard, Front as:
A required open space, other than a court,unoccupied and unobstructed by any structure
or portion of a structure from three feet(3')above the general ground level of the graded
lot upward; provided, accessories, ornaments and furniture may be permitted in any yard,
subject to height limitations and requirements limiting obstruction of visibility.
A. Front Yard: A yard extending between the side lot lines across the front of a lot and
from the front lot line to the front of the principal building.
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Covered Area(Acres Or Lot
Sq. Ft.) G And H* Width I*
R-E 135' 150' 30' 20' 35' 120% 111.8 acres 11100'
• Eagle City Code Section 8-3-5 Unique Land Uses addresses the placement of Accessory
Buildings:
Certain unique land uses pose special problems that may have detrimental influences on
surrounding land uses. The following performance standards for such unique land uses
shall be adhered to in addition to all other provisions of this title:
A. Accessory Building:
1. Will not be located in any required front or street side yard area;
• Eagle City Code Section 8-2A-7 Landscape and Buffer Area Requirements:
J.Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space(land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is
to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified
as collectors, arterials, freeways, or expressways,to protect residential communities
from noisy, potentially dangerous, high speed roads. The "buffer area" shall be
defined as the distance from the outside wall of the lowest story of any single-family
attached or detached dwelling and the right of way line of the roadway. The lowest
story must be screened from the view of any street classified as a collector, arterial,
freeway, or expressway. This buffer is required either on individual lots or as an
easement, or as part of the common open space owned and maintained by a
homeowners'association. Any landscaping proposed to be within the public right of
way shall not be included as a part of the buffer area required below. The height for
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berming/fencing, as noted below, shall be measured from the elevation of the final
grade of the adjacent roadway(measured at the centerline)to the top of the proposed
berming/fencing. The required buffer area width, plantings, and fencing are as
follows:
b. Any road designated as a minor arterial on the Ada County long range highway
and street map:
A minimum of fifty feet(50')wide buffer area(not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: five(5)shade trees, eight(8)evergreen trees,three (3) flowering/ornamental
trees, and twenty four(24)shrubs. Each required shade tree may be substituted
with two(2)flowering/ornamental trees, provided that not more than fifty percent
(50%) of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet(3')horizontal distance to one foot(1')vertical
distance. If a decorative block wall, cultured stone,decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, a four
foot(4')wide flat area shall be provided for the placement of the decorative wall.
Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
C. DISCUSSION:
• The proposed annexation and rezone are to facilitate a future lot split. Per Eagle City Code
buffering is required adjacent to arterial roads for all new residential developments,
including, but not limited to, subdivisions. The reason for the buffer is to separate
incompatible uses due to intensity such as an arterial and residential dwellings. The
applicant should also be required to place the required sidewalk adjacent to Beacon Light
Road to provide pedestrian connectivity and connection to the sidewalk to the east. The
applicant should construct the required buffer area for an arterial roadway and sidewalk
adjacent to Beacon Light Road prior to the City Clerk signing the lot split record of
survey.
• Should the rezone and pending lot split be approved the owner of the newly created lot
will need to drill a well for potable water. This parcel is located across Beacon Light Road
from the City of Eagle's water service area. The applicant should provide a Memorandum
of Agreement(MOA) stating the owner of the properties associated with City of Eagle file
# LS-01-07 should not file a protest regarding water rights with the Idaho Department of
Water Resources against the City of Eagle for the construction of any municipal wells in
proximity to the property.
• The Johnson Property Rezone exhibit date stamped by the City on May 1, 2007, shows an
ingress/egress easement, Instrument No. 100042110, which in essence bisects the property
from north to south approximately two hundred sixty-five feet (265') west of the east
property line. The easement is thirty feet(30') in width and is in place to provide access to
the property adjacent to the south. The landowner to the south also owns the adjacent
property to the west of the subject property and gains access from Beacon Light Road
through his own property.
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• The Johnson Property Rezone exhibit date stamped by the City on May 1, 2007, shows
what appears to be a footprint of an accessory building located in the front yard between
the house and Beacon Light Road. Per Eagle City Code, accessory buildings are not to be
located within the front yard. The applicant should either remove or relocate the accessory
structure located north of the existing residence to an area on the property in compliance
with Eagle City Code prior to the City Clerk signing a lot split record of survey.
• The Transportation and Pathway Network Plan in the Eagle Comprehensive Plan shows
Beacon Light Road as a Rural Arterial. Correspondence received from Ada County
Highway District date stamped by the City on June 8, 2007, indicates District policy
requires a ninety-six foot (96') wide right-of-way for arterial roads, which requires forty-
eight feet (48') from center line. The Johnson Property Rezone exhibit date stamped by
the City on May 1, 2007, shows, the south half of Beacon Light Road as having a twenty-
five foot (25') wide right-of-way from center line. The front yard setback in an R-E
(Residential Estates) zone is fifty feet (50') therefore, if the applicant is not going to
dedicate right-of-way at this time the front setback for future construction of structures
should be a minimum of seventy-three feet (73') to provide space for the dedication of a
future right-of-way for the expansion of Beacon Light Road.
• 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-E-DA (Residential Estates - one unit per two-
acres maximum with a development agreement) is equal to the one unit per two-acres
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 are not in
proximity to this location, or are expected to be provided, to serve single-family
dwelling units on this property under the proposed zone therefore the site will be
served by individual well and septic;
c. The proposed zoning designation of R-E-DA (Residential Estates - one unit per two-
acres maximum with a development agreement) is compatible with R-E zoning
designation (Residential Estates - one unit per two-acres maximum) and land use to
the east;
d. The proposed zoning designation of R-E-DA (Residential Estates - one unit per two-
acres maximum with a development agreement) is compatible with the RUT (Ada
County designation) zone and land uses to the south and west since those sites are
currently residences with similar 1ot/home configurations;
e. The proposed zoning designation of R-E-DA (Residential Estates - one unit per two-
acres maximum with a development agreement) is compatible with RUT(Ada County
designation) zone and land use to the north since this development will provide a
transition to the larger lots located on the north side of Beacon Light Road;
f. The land proposed for rezone is not located within a"Hazard Area" or"Special Area"
as described within the Comprehensive Plan;and
g. No non-conforming uses are expected to be created with this rezone if the conditions
to be placed within the development agreement are achieved.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone with the conditions of approval to be placed within a development
agreement as noted within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 16,
2007, 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 no
one(other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in favor or opposed to the proposal was presented by two (2) individuals who
own the adjacent properties to the south and west. The property owner of the adjacent property to the
south requested that the current access easement across the Johnson property to the north be retained.
The property owner of the adjacent property to the west indicated that the property owner south of the
Johnson property currently gains access through his property and requested that a new access easement
on his property for the property owner to the south not be required due to his concern of possibly
losing the agriculture exemption he currently has on his property because of the required easement.
COMMISSION DECISION:
The Commission voted 4 to 0 (McCarrel absent)to recommend approval of A-10-07 & RZ-12-07
for an annexation and rezone with a development agreement from RUT(Rural Urban Transition—
Ada County designation)to R-E-DA (Residential Estates with a development agreement) for Tim
Johnson with conditions to be placed within a development agreement shown within their Findings
of Fact and Conclusions of Law document, dated August 6, 2007.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications came before the Eagle City Council for their action on August 28,
2007. The Council continued the items to September 11, 2007, at which time public testimony was
taken, and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one(not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor or opposed to the proposal was presented by one (1) individual who
owns the adjacent property to the south. The individual indicated that he owns the existing easement
through the center of the applicant's property and if the applicant is willing to move the easement to
the western boundary he would not be opposed to the rezone.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-10-07 & RZ-12-07 for an annexation and rezone with a
development agreement from RUT(Rural Urban Transition—Ada County designation)to R-E-DA
(Residential Estates with a development agreement)for Tim Johnson with the following Planning
and Zoning Commission recommended conditions to be placed within a development agreement:
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2.1 The maximum overall density of the property shall not exceed .51 units per acre.
2.2 The Concept Plan(Exhibit B)represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes
in that concept may occur. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
2.3 The development shall comply with the Eagle City Code, as it exists in final form at the
time a development application is made, including compliance with all of the conditions as
provided within this development agreement.
2.4 The front setback for future construction of structures shall be a minimum of seventy-three
feet (73') to provide space for the dedication of a future right-of-way for the expansion of
Beacon Light Road. Should the required right-of-way of forty-eight feet (48') from
centerline be dedicated then the front setback shall be fifty feet(50').
2.5 Provide a Memorandum of Agreement (MOA) stating the owner of the properties
associated with City of Eagle file # LS-01-07 shall not file a protest regarding water rights
with the Idaho Department of Water Resources against the City of Eagle for the
construction of any municipal wells in proximity to the property prior to the adoption of an
ordinance of annexation.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the site on April 3, 2007, at 7:30 PM, in compliance with
the application submittal requirement of Eagle City Code. The applications for this item were
received by the City of Eagle on May 1, 2007.
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 Code on June 25, 2007. 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 June 22, 2007. The site was posted in
accordance with the Eagle City Code on July 6, 2007. Requests for agencies' reviews were
transmitted on May 21, 2007, 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
August 13, 2007. 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 10, 2007. The site was posted in
accordance with the Eagle City Code on August 24, 2007.
3. The Council reviewed the particular facts and circumstances of this proposed rezone(RZ-12-07)
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 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-DA (Residential Estates - one unit per two-acres
maximum with a development agreement) is equal to the one unit per two-acres maximum as
shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
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needed for this site indicate that adequate public facilities are not in proximity to this location,
or are expected to be provided,to serve single-family dwelling units on this property under the
proposed zone therefore the site will be served by individual well and septic;
c. The proposed zoning designation of R-E-DA (Residential Estates - one unit per two-acres
maximum with a development agreement) is compatible with R-E (Residential Estates - one
unit per two-acres maximum)zone and land use to the east;
d. The proposed zoning designation of R-E-DA (Residential Estates - one unit per two-acres
maximum with a development agreement) is compatible with the RUT (Ada County
designation) zone and land uses to the south and west since those sites are currently residences
with similar lot/home configurations;
e. The proposed zoning designation of R-E-DA (Residential Estates - one unit per two-acres
maximum with a development agreement) is compatible with RUT (Ada County designation)
zone and land use to the north since this development will provide a transition to the larger lots
located on the north side of Beacon Light Road;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone if the conditions to be
placed within the development agreement are achieved.
DATED this 9th day of October 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Nan y C. S ill, Mayo
•••
AT ST: ,•.... AG. .,
•
At,6, 1---
aronK. Bergmann, Eagle City lerk i u dr' L O e
*colt ros,
PASTE•0* /b`%.
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