Findings - CC - 2008 - A-02-08/RZ-06-08 - Rz From Rut/39 Acre/3632 W Beacon Light Rd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL -URBAN TRANSITION) )
TO A-R (AGRICUL TRUAL RESIDENTIAL) )
FOR JOHN VOGT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-08 & RZ-06-08
The above-entitled rezone upon annexation application came before the Eagle City Council for their action
on September 9, 2008, at which time public testimony was taken and the public hearing was closed. The
Council then continued the item to September 23, 2008, so that the property boundaries on the record of
survey provided by the applicant could be validated. 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;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
John Vogt is requesting approval of an annexation and rezone from RUT (Rural- Urban
Transition - Ada County designation) to A-R (Agricultural-Residential). The 39-acre site
is located on the northeast intersection of West Beacon Light Road and North Park Lane at
3632 West Beacon Light Road.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held onsite at 6:00 PM, February 27, 2008, in compliance
with the application submittal requirement of Eagle City Code. The applications for this
item were received by the City of Eagle on March 18,2008.
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 May 12,2008 and June 30, 2008. 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 April 21, 2008 and June 25, 2008. The site was posted in
accordance with the Eagle City Code on May 13, 2008 and July 25, 2008. Requests for
agencies' reviews were transmitted on April 10, 2008, in accordance with the
requirements of the Eagle City Code.
Note: Because some of the public who attended the Planning and Zoning Commission
meeting expressed confusion over the noticing of this application and the CPA
application for this site, the Commission required the applicant to notice the annexation
and rezone application again for the continued date of July 21, 2008.
Notice of Public Hearing on the application for the Eagle City Council on was published
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on August 25, 2008. Notice of this public hearing was mailed to property
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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 22,
2008. The site was posted in accordance with the Eagle City Code on August 29,2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA
On March 24, 2008, an application was submitted to the City for a Comprehensive Plan
Map Amendment from Residential Rural to Residential Estates for this property (CPA-Ol-
08)
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Rural RUT (Rural- Urban Agricultural
Transition-Ada County
Designation)
Proposed No Change A-R (Agricultural Single-family
Residential) dwelling! Agricultural
North of site Residential Rural RUT (Rural- Urban Residential Subdivision
Transition-Ada County (Covington Place)
Designation)
South of site Residential Two RUT (Rural - Urban Agricultural (proposed
Transition-Ada County residential subdivision -
Designation)* Lockey Estates Subdivision)
East of site Residential Rural R-E (Residential Estates-up Residential Subdivision
to one unit per two acres) (Buckhorn Estates No.2)
West of site Residential Rural RUT (Rural - Urban Agricultural
Transition-Ada County
Designation)
*The property to the south (Lockey Estates Subdivision) has been approved by the City for
annexation and rezone from RUT (Rural Urban Transition - Ada County designation) to R-2-DA
(Residential- up to 1.60 dwelling units per acre with development agreement).
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 39-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated March 18, 2008 (attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached justification letter dated March 18, 2008 (attached to the staff report).
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K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A letter from the Central District Health Department states that they have no objection to
the project because a development application has not been submitted. However, upon the
submittal of a development application the Central District Health Department may
require inspection of wells and septic systems.
A letter from Ada County Highway District states that the District may apply appropriate
conditions of approval when it reviews a future development application for this site. The
District references the requirement of sidewalks, cul-de-sacs, 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:
Ada County Highway District - Letter places conditions onfuture development of the property.
Central District Health - No objection
Chevron Pipe Line Company - No conflict
Department of Environmental Quality - No objection
Idaho Department of Lands - No objection
Idaho Department of Transportation - No objection
O. LETTERS FROM THE PUBLIC: (letters are attached to the staff report and included herein by
reference)
A letter has been received from Howard Woods in opposition to the annexation and
rezone of the property. The letter is in opposition to the property being rezoned to
accommodate 2-acre lots (though this application is for a rezone to A-R, which requires a
minimum lot size of 4.7-acres). However, the City has received a comprehensive plan
land use map amendment application to reclassify the property to Residential Estates,
which would allow the City's consideration of a rezone to R-E (up to one dwelling unit
per two acres).
A letter has been received from Michael and Melinda Matzdorff with questions
concerning a 10-foot wide agricultural easement, lot sizes, and the continued ability to
discharge water into the applicant's active ditches.
A letter has been received from Monte and Terri Manning with concerns about the north
property line and a fence that does not accurately follow that line.
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 Rural
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Suitable primarily for single family residential development on large acreages which 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 5 acres.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning Maximum UU Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Covered Area (Acres Or Lot
Sq. Ft.) G And H* Width 1*
IA-R 1135' 1~~130' 1145' 1110% 114.7 -acres 11100' I
. Eagle City Code Section 8-2A-7 Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
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
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
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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 applicant is requesting annexation of 39-acres located on the northeast section of
Beacon Light Road and North Park Lane and to rezone the property from RUT (Rural -
Urban Transition - Ada County designation) to A-R (Agricultural-Residential) to facilitate
possible future development options in the City.
. The site plan date stamped by the City on March 18, 2008, shows a one (1) acre parcel
that is located adjacent to Beacon Light Road and surrounded on three sides by the
property proposed to be annexed. The one (1) acre parcel has an Ada County zoning
designation of Rl (Residential One - Ada County designation) and is not proposed to be
annexed into the City with the surrounding property. If the applicant's request for
annexation is approved and development is proposed then this one (1) acre parcel will
exist as an enclave, completely surrounded by the City but remaining in the jurisdiction of
Ada County. In part because this may interfere with the desired harmony or character of
future development and affect the City's influence over access and buffering issues, such a
scenario creates an undesired land use planning configuration and should be avoided. Staff
defers to the City Council whether future action should be considered pursuant to Idaho
Code S 50-222(3) Category A, which states in part that annexations of small pockets of
enclaved residential areas may be undertaken unilaterally by the city by simple adoption of
an ordinance.
. 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 A-R (Agricultural-Residential - up to one
dwelling unit per five acres) is equal to the one dwelling unit per five acres maximum
as shown on the Comprehensive Plan Land Use Map;
b. The information from the sewer and water agencies having jurisdiction over the public
facilities needed for this site has not been received. The property is currently being
served by individual wells and septic systems which is allowed by Eagle City Code
within the A-R (Agricultural-Residential- up to one dwelling unit per five acres);
c. The proposed zoning designation of A-R (Agricultural-Residential - up to one
dwelling unit per five acres) is compatible with RUT (Residential Urban Transition -
Ada County designation) zoning designation and land uses to the north, east and west;
d. The proposed zoning designation of A-R (Agricultural-Residential - up to one
dwelling unit per five acres) is compatible with the R-2-DA (Residential - up to two
dwelling units per acre) zone and land uses to the south since those sites are proposed
to be developed with a higher density;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone.
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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 from RUT (Rural- Urban Transition) to A-R (Agricultural Residential).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 2,
2008. The Commission continued the item to July 21,2008, and to August 4,2008, and 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 eight individuals who generally opposed the application because they do not agree that the City
should annex land or promote development north of Beacon Light Road. These individuals also
expressed their opposition to the proposed Comprehensive Plan amendment application (CPA-Ol-08)
for this property that is proposing to change the land use designation from Residential Rural to Rural
Estates.
COMMISSION DECISION:
The Commission voted 3 to 0 (Felix absent, Roehling recused) to recommend approval of A-02-08
and RZ-06-08 for an annexation and rezone from RUT (Rural- Urban Transition) to A-R
(Agricultural-Residential) for John V ogt.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 9, 2008, at
which time testimony was taken and the public hearing was closed. The Council then continued
the item to September 23, 2008, so that concerns over property boundary disputes on the record of
survey could be examined by staff and the City Engineer. The Council then made their decision at
that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by one individual
who expressed concerns that the applicant's request for annexation would impact his
property/subdivision because of perceived issues with the boundary descriptions on the record of
survey provided by the applicant.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-02-08 & RZ-06-08 for an annexation and rezone from RUT
(Residential- Urban Transition, Ada County Designation) to A-R (Agricultural-Residential) for John
Vogt.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held onsite at 6:00 PM, February 27, 2008, in compliance with the
application submittal requirement of Eagle City Code. The applications for this item were received by
the City of Eagle on March 18, 2008.
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 May 12, 2008 and June 30, 2008. Notice of this public hearing was mailed to property owners
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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 April 21, 2008 and June 25, 2008. The site was
posted in accordance with the Eagle City Code on May 13, 2008 and July 25, 2008. Requests for
agencies' reviews were transmitted on April 1 0, 2008, in accordance with the requirements of the Eagle
City Code.
Note: Because some of the public who attended the Planning and Zoning Commission meeting
expressed confusion over the noticing of this application and the CPA application for this site, the
Commission required the applicant to notice the annexation and rezone application again for the
continued date of July 21, 2008.
Notice of Public Hearing on the application for the Eagle City Council on was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 25,
2008. 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 22, 2008. The site was posted in accordance with the Eagle City Code on
August 29, 2008.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (A-02-08 and RZ-
06-08) 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 A-R (Agricultural-Residential- up to one dwelling
unit per five acres) is equal to the one dwelling unit per five acres maximum as shown
on the Comprehensive Plan Land Use Map;
b. The information from the sewer and water agencies having jurisdiction over the public
facilities needed for this site has not been received. The property is currently being
served by individual wells and septic systems which is allowed by Eagle City Code
within the A-R (Agricultural-Residential- up to one dwelling unit per five acres);
c. The proposed zoning designation of A-R (Agricultural-Residential- up to one dwelling
unit per five acres) is compatible with RUT (Residential Urban Transition - Ada
County designation) zoning designation and land uses to the north, east and west;
d. The proposed zoning designation of A-R (Agricultural-Residential- up to one dwelling
unit per five acres) is compatible with the R-2-DA (Residential - up to two dwelling
units per acre) zone and land uses to the south since those sites are proposed to be
developed with a higher density;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone.
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DATED this 14th day of October 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Ad , Idaho
ATTEST:
~~ar~tl:~anfEag~ L
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