Findings - PZ - 2009 - A-01-09 & RZ-01-09 - Rz From Rut To Ar-Da/38.9 Acre/702 W. Beacon Light Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL-URBAN TRANSITION) )
TO A-R-DA (AGRICULTRUAL-RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT) )
FOR CHAD MOFFAT/CABIN CREEK )
DEVELOPMENT COMPANY AND )
~FFFRAZmR )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-OI-09 & RZ-OI-09
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on March 2, 2009, during the hearing process the Commission determined that proper
legal notice had not been provided pursuant to Eagle City Code. The Commission tabled the application
and directed staff to re-notice the application. The application was re-noticed and came before the Eagle
Planning and Zoning Commission for their recommendation on April 6, 2009. 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;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Chad Moffat/Cabin Creek Development Company and Jeff Frazier are requesting
approval of an annexation and rezone from RUT (Rural Urban Transition-Ada County
Designation) to A-R-DA (Agricultural-Residential one unit per five acres with a
development agreement). The 38.9-acre site is generally located on the north side of W.
Beacon Light Road approximately 1,970 feet west of N. Eagle Road at 702 W. Beacon
Light Road.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held onsite at 6:00 PM, December 15, 2008, in compliance
with the application submittal requirement of Eagle City Code. Due to improper notice a
second Neighborhood Meeting was held onsite at 6:00 PM, March 24, 2009. The
application for this item was received by the City of Eagle on January 13,2009.
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 February 9,2009. 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 February 3, 2009. The site was posted in accordance with the Eagle City Code
on February 20,2009. Due to legal notice not being provided pursuant to Eagle City Code
the application was re-noticed and published in accordance with the requirements of Title
67, Chapter 65, Idaho Code and the Eagle City Code on March 16,2009. Notice of this
public hearing was mailed to property owners within three-hundred feet (300-feet) of the
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subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on March 16, 2009. The site was posted in accordance with the
Eagle City Code on March 25, 2009. Requests for agencies' reviews were transmitted on
January 20,2009, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
E. COMPANION APPLICATIONS: All applications are inclusive herein.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Rural (up to RUT (Rural-Urban Transition Single-family
one dwelling unit per five - Ada County designation) dwelling/pasture and
(5) acres maximum) Pembrook Subdivision
Proposed No Change A-R-DA (Agricultural- No change
Residential with a
development agreement)
North of site Residential Rural (up to RUT (Rural-Urban Transition Residential (Whispering
one dwelling unit per five - Ada County designation) Winds Subdivision)
(5) acres maximum)
South of site Residential Estates (up to R-E (Residential-Estates up to Residential (Tanglerose
one dwelling unit per two one (1) unit per two (2) acres) Subdivision)
(2) acres maximum)
East of site Residential Rural (up to RUT (Rural-Urban Transition Single-family dwellings and
one dwelling unit per five - Ada County designation) Lomah Subdivsion
(5) acres maximum)
West of site Residential Rural (up to RUT (Rural-Urban Transition Residential (Eagle Pines
one dwelling unit per five - Ada County designation) and Eagle North Estates
(5) acres maximum) Subdivisions)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. TOTAL ACREAGE OF SITE: 38.9 +/- acres
J. APPLICANT'S STATEMENT OF mSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on January 13,2009, provided by
the applicant (attached to the staff report).
K. APPLICANT'S STATEMENT OF mSTIFICATION OF A DEVELOPMENT AGREEMENT:
The City is requesting a development agreement to ensure development of the property is
consistent with the Comprehensive Plan and vision of the City of Eagle.
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L. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central services are not located in proximity to the site. The lots within Pembrook
Subdivision and the adjacent parcel to the south (associated with this application) are
served by individual wells and septic systems.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, adjacent to Farmers Union Canal
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes, Farmers Union Canal
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O. NON-CONFORMING USES: Existing private road serving Pembrook Subdivision
P. 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 - Provides findings and conditions which may be considered at the
time of future development of the site.
Central District Health - No objections to the proposal
Chevron Pipeline - No conflicts with the pipeline
Department of Environmental Quality - Recommends verifYing that there is adequate water and
sewer to serve the project
Idaho Department of Lands - No significant impact to Idaho Endowment Land within the vicinity
of the proposed development
Idaho Transportation Department - No comment
Q. 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 (adopted 11-27-07) designates this site as:
Residential Rural
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. An allowable density of up to 1 unit per 5 acres.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code 8-2-4 Schedule of Building Height and Lot Area Regulations:
Minimum Lot
Width
C. DISCUSSION:
· The Comprehensive Plan Land Use Map designates this site as Residential Rural (up to one
(1) dwelling unit per five (5) acres). The applicant is requesting annexation and rezone to A-R-
DA (Agricultural-Residential - up to one (1) dwelling unit per five (5) acres with a
development agreement).
. The property consists of Pembrook Subdivision and an unplatted parcel adjacent to West
Beacon Light Road. Pembrook Subdivision (Ada County application #05-26-S/05-13-PR) was
approved in 2006 and consists of six (6) buildable lots which take access from a private road
(North Timber Ridge Lane) located within the subdivision. Pembrook Subdivision was
completed pursuant to the Ada County approvals and later recorded at the Ada County
Recorder's office on September 7, 2007.
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 (Rural-Urban Transition-Ada County Designation) to A-R-DA
(Agricultural-Residential one unit per five acres with a development agreement) with conditions to be
placed in the development agreement as noted in the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March 2,
2009, during the hearing process the Commission determined that proper legal notice had not been
provided pursuant to Eagle City Code. The Commission tabled the application and directed staff to re-
notice the application. The application was re-noticed and came before the Eagle Planning and Zoning
Commission for their recommendation on April 6, 2009.
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 six (6) individuals who were concerned about 1) annexation of property north of Beacon Light
Road, 2) traffic impacts on W. Valli Hi Road caused by a business being operated on the Frazier
property (3598 N. Timber Ridge Lane), 3) need for further regulation of the business being operated
by the Fraziers, 4) possibility that in the future the applicant may ask for increased density due to the
smaller lot sizes allowed south of W. Beacon Light Road, 5) concerns with additional wells and septic
systems in the area, and 6) the validity of the second Neighborhood Meeting due to Mr. Moffat not
being present.
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-OI-09 and RZ-OI-09 for an annexation
and rezone from RUT (Rural-Urban Transition) to A-R-DA (Agricultural-Residential - up to one
(1) dwelling unit per five (5) acres with a development agreement) for Chad Moffat/Cabin Creek
Development Company and Jeff Frazier with the following staff recommended conditions to be
placed within a development agreement:
3.1 Pembrook Subdivision is developed in accordance with the approval granted by Ada County
for application # 05-26-S/05-13-PR. The City of Eagle shall honor all development
approvals granted by Ada County for Pembrook Subdivision and shall not seek to impose
any additional subdivision requirements or subject the development of the property, as
approved by Ada County, to any standards or regulations which are inconsistent with those
under which said approvals were granted. It is understood and agreed by the parties,
however, that upon and after annexation, the Property and the use thereof shall be subject to
the general police power of the City of Eagle, to the extent the exercise thereof shall not
conflict with the provisions of this Development Agreement.
3.2 The Site Plan (Exhibit B) represents the current configuration of the property and the
Applicant understands and agrees that future changes to the property shall be required to
meet the requirements of Eagle City Code. 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 and notice shall be
provided as may be required by the City.
3.3 Structures shall be constructed in compliance with the building setback requirements for the
A-R (Agricultural-Residential) zone pursuant to Eagle City Code.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held onsite at 6:00 PM, December 15, 2008, in compliance with the
application submittal requirement of Eagle City Code. Due to improper notice a second Neighborhood
Meeting was held onsite at 6:00 PM, March 24, 2009. The application for this item was received by
the City of Eagle on January 13,2009.
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 February 9, 2009. 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 February 3, 2009. The site was posted in accordance
with the Eagle City Code on February 20, 2009. Due to legal notice not being provided pursuant to
Eagle City Code the application was re-noticed and published in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 16,2009. 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
16,2009. The site was posted in accordance with the Eagle City Code on March 25, 2009. Requests
for agencies' reviews were transmitted on January 20, 2009, in accordance with the requirements of
the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-O 1-09)
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:
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a. The requested zoning designation of A-R-DA (Agricultural-Residential - up to one
(1) units per five (5) acres with a development agreement) is consistent with the
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 A-R-DA (Agricultural-Residential - up to one (1) units per five (5)
acres with a development agreement) zone is compatible with the RUT (Rural-Urban
Transition - Ada County designation) zone land use to the north since that area is
developed in a similar manner as this development, and;
d. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5)
acres with a development agreement) zone is compatible with the R-E (Residential-
Estates-up to one (1) unit per two (2) acres) zone and land use to the south since that
area is buffered from this property by West Beacon Light Road and a landscaped
berm located within that subdivision, and;
e. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5)
acres with a development agreement) zone is compatible with the RUT (Rural-Urban
Transition - Ada County designation) zone land use to the west since that area is
developed with lots of similar size, and;
f. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5)
acres with a development agreement) zone is compatible with the RUT (Rural-Urban
Transition - Ada County designation) zone and land use to the east since that area is
developed with lots of similar size, and;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the private road will be allowed to remain
to provide access for the lots within Pembrook Subdivision. Therefore, no non-
conforming uses are expected to be created with this rezone.
DA TED this 20th day of April, 2009.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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